Terms of Service
Terms of Service
MarkGrowth
1. Introduction & Acceptance
These Terms of Service ("Terms") constitute a legally binding agreement between you ("Client", "you", or "your") and MarkGrowth ("we", "us", or "our"), an AI agency based in Eskisehir, Turkey, operating at https://marksgrowth.com.
By accessing our website, signing up for a free trial, paying an activation fee, or using any of our services, you confirm that you have read, understood, and agree to be bound by these Terms. If you do not agree, you must not use our services.
We reserve the right to update these Terms at any time. We will notify you of material changes via email or a notice on our website. Continued use of our services after such notification constitutes your acceptance of the updated Terms.
2. About MarkGrowth
MarkGrowth is an AI agency that provides automated sales and support solutions to businesses. Our services are primarily designed for travel agents and travel businesses, but are available to any qualifying business. Our services include, but are not limited to:
AI-powered chatbots and website widgets
Lead reactivation via SMS
Live lead engagement via Voice, SMS, WhatsApp, and Social Media
Automated follow-up and appointment-setting tools
Google Review automation agents
Objection-handling AI assistants
The specific services available to you will depend on the plan you select. All services are delivered through our platform powered by GoHighLevel and AI providers including OpenAI.
3. Eligibility
To use MarkGrowth services, you must meet the following requirements:
You must be at least 18 years of age.
You must be using our services for legitimate business purposes. Our services are not intended for personal or consumer use.
You must have the legal authority to enter into this agreement on behalf of yourself or your business.
You must not be located in a jurisdiction where the use of our services is prohibited by law.
By using our services, you represent and warrant that you meet all of the above eligibility requirements. MarkGrowth reserves the right to refuse service to anyone at its sole discretion.
4. Free Trial
MarkGrowth offers a 7-day free trial to new clients. The following conditions apply to the free trial:
The free trial period begins on the date you register and activate your account.
No payment is required during the free trial period.
At the end of the 7-day trial, your access to the service will pause. You may choose to continue by selecting a paid subscription plan and paying the applicable activation fee and first monthly subscription fee.
Continuation to a paid plan is entirely your choice. There is no automatic conversion to a paid subscription.
MarkGrowth reserves the right to modify, suspend, or discontinue the free trial offer at any time without notice.
Free trial accounts are limited to one per business. Creating multiple accounts to extend trial access is prohibited and may result in permanent suspension.
5. Payment Terms
5.1 Activation Fee
A one-time activation fee is payable upon signing up for a paid subscription. This fee covers the setup, onboarding, and configuration of your AI systems. The activation fee amount is displayed on our pricing page at the time of purchase. The activation fee is non-refundable.
5.2 Monthly Subscription
Following payment of the activation fee, your subscription is billed on a monthly basis. The subscription fee is displayed on our pricing page. Your billing cycle begins on the date your paid subscription is activated.
5.3 Minimum Contract Period
All paid subscriptions are subject to a minimum contract period of one (1) month. You may cancel at any time after the minimum period has elapsed, but no refunds will be issued for any portion of the current billing period.
5.4 No Refund Policy
All payments made to MarkGrowth, including the activation fee and monthly subscription fees, are strictly non-refundable. By proceeding with payment, you acknowledge and accept this policy. This no-refund policy applies regardless of the reason for cancellation, including but not limited to dissatisfaction with results, change of business circumstances, or failure to use the service.
5.5 Failed Payments & Suspension
If a payment fails or is not received by the due date, we reserve the right to suspend your account immediately. You will be notified of the failed payment and given a reasonable opportunity to update your payment details. If payment is not received within 7 days of the due date, we may terminate your account and you will lose access to all services and AI outputs.
5.6 Price Changes
MarkGrowth reserves the right to change its pricing at any time. We will provide at least 30 days written notice of any price increases. Your continued use of the service after the effective date of a price change constitutes your acceptance of the new pricing.
6. User Responsibilities & Acceptable Use
By using MarkGrowth services, you agree to use them lawfully, responsibly, and in accordance with these Terms. You are solely responsible for all activity that occurs under your account.
6.1 Prohibited Actions
You must not use our services to:
Engage in any illegal, fraudulent, harmful, or deceptive activity
Send spam, unsolicited bulk messages, or communications that violate platform rules (including WhatsApp Business Policy, Google guidelines, or applicable anti-spam laws)
Harass, threaten, defame, or abuse any individual or organisation
Generate, distribute, or promote content that is misleading, discriminatory, hateful, or violates any applicable law
Reverse engineer, copy, reproduce, or attempt to extract the underlying technology, workflows, or templates of our platform
Resell, white-label, sublicense, or transfer access to our services to any third party without our express written consent
Attempt to gain unauthorised access to our systems, infrastructure, or other clients' accounts
Use our services in a way that infringes the intellectual property rights of any third party
Violate any applicable local, national, or international law or regulation
6.2 Your Data Responsibility
You are solely responsible for ensuring that any customer data, contact lists, or other personal data you provide to or process through our platform has been collected lawfully and in compliance with applicable data protection laws, including the GDPR. You warrant that you have obtained all necessary consents and permissions from your own customers before using their data within our systems.
6.3 Account Security
You are responsible for maintaining the confidentiality of your account credentials and for all activity conducted under your account. You must notify us immediately at [email protected] if you suspect any unauthorised access to your account.
7. AI Usage & Restrictions
MarkGrowth's services are powered by artificial intelligence. The following terms apply specifically to the use of AI within our platform:
AI outputs are generated automatically and may occasionally contain errors, inaccuracies, or outdated information. You are responsible for reviewing AI-generated content before use.
You must not use AI-generated outputs to produce, distribute, or promote false, misleading, or harmful content.
You must not use our AI tools to generate content that violates any third-party platform's terms of service, including but not limited to WhatsApp, Google, Facebook, or Instagram.
You must not attempt to manipulate, jailbreak, or misuse our AI systems to produce outputs that violate these Terms or applicable law.
MarkGrowth is not responsible for the consequences of how you use, deploy, or act upon AI-generated outputs once they have been delivered to you.
Your data and inputs are not used to train any AI models, whether operated by MarkGrowth or third-party providers.
8. Intellectual Property
8.1 MarkGrowth Intellectual Property
All technology, software, AI systems, workflows, automation templates, platform designs, website content, branding, and proprietary methodologies used by MarkGrowth are and remain the exclusive intellectual property of MarkGrowth. Nothing in these Terms transfers any ownership rights in our intellectual property to you.
8.2 Client Content
You retain full ownership of all business data, customer information, content, and materials that you provide to us in connection with your use of our services. By providing such content, you grant MarkGrowth a limited, non-exclusive licence to use it solely for the purpose of delivering our services to you.
8.3 AI Outputs
AI-generated outputs and results produced through our platform are made available to you as part of your subscription. You own the right to use these outputs for your business purposes for as long as your subscription remains active. Upon cancellation or termination of your subscription, your licence to use AI outputs delivered during the active subscription period remains, but you will no longer have access to the platform or receive new outputs.
9. MarkGrowth Rights
MarkGrowth reserves the following rights, which we may exercise at our sole discretion:
Suspend or terminate any account at any time, with or without notice, for breach of these Terms, non-payment, or any activity we deem harmful to our platform, other clients, or third parties.
Modify, update, or discontinue any feature, tool, or service at any time. Where possible, we will provide reasonable advance notice of significant changes.
Refuse service to any individual or business at our discretion, without obligation to provide a reason.
Update these Terms of Service at any time. We will notify you of material changes via email or website notice. Continued use of our services constitutes acceptance of the updated Terms.
Monitor usage of our platform to ensure compliance with these Terms and to maintain service quality and security.
10. Disclaimers & No Guarantee of Results
Our services are provided on an "as is" and "as available" basis. To the fullest extent permitted by applicable law, MarkGrowth makes no warranties, express or implied, including but not limited to:
No guarantee of specific results, including revenue increases, booking conversions, lead generation volumes, or any other business outcome.
No warranty that the service will be uninterrupted, error-free, or completely secure at all times.
No warranty regarding the accuracy, completeness, or suitability of AI-generated outputs for any specific purpose.
No liability for changes, restrictions, or policy updates made by third-party platforms (including WhatsApp, Google, GoHighLevel, or OpenAI) that may affect the functionality of our services.
You acknowledge that AI technology is inherently probabilistic and that outputs should be reviewed before use. Marketing and sales results depend on many factors outside our control, including your industry, market conditions, and how you use our tools.
11. Limitation of Liability
To the maximum extent permitted by applicable law:
MarkGrowth shall not be liable for any indirect, incidental, special, consequential, punitive, or exemplary damages, including but not limited to loss of profits, loss of revenue, loss of data, loss of business, or reputational damage, even if we have been advised of the possibility of such damages.
MarkGrowth's total aggregate liability to you for any claim arising out of or relating to these Terms or our services shall not exceed the total amount you have paid to MarkGrowth in the thirty (30) days immediately preceding the event giving rise to the claim.
These limitations apply regardless of the legal theory under which a claim is brought, whether in contract, tort, negligence, strict liability, or otherwise.
Some jurisdictions do not allow the exclusion or limitation of certain types of liability. In such cases, our liability will be limited to the fullest extent permitted by applicable law.
12. Termination
12.1 Termination by You
You may cancel your subscription at any time by contacting us at [email protected]. Cancellation will take effect at the end of your current billing period. No refunds will be issued for any unused portion of the current billing period. The one-month minimum contract period must be fulfilled before cancellation takes effect.
12.2 Termination by MarkGrowth
We may suspend or terminate your account immediately and without notice if:
You breach any provision of these Terms
You fail to make payment within 7 days of the due date
We reasonably believe your use of our services is causing harm to our platform, other clients, or third parties
We are required to do so by law or regulatory authority
12.3 Effect of Termination
Upon termination of your account for any reason:
Your access to the MarkGrowth platform and all associated services will cease immediately
Any AI outputs or data stored within our platform will be deleted within 30 days of termination
All outstanding fees remain due and payable
Clauses relating to intellectual property, limitation of liability, disclaimers, and governing law will survive termination
13. Governing Law & Dispute Resolution
13.1 Governing Law
These Terms shall be governed by and construed in accordance with the laws of the Republic of Turkey, without regard to its conflict of law provisions.
13.2 Informal Resolution
In the event of any dispute, claim, or controversy arising out of or relating to these Terms or our services, the parties agree to first attempt to resolve the matter informally. You must contact us at [email protected] describing the nature of the dispute and your proposed resolution. We will attempt to resolve the matter within 30 days of receiving your notice.
13.3 Mediation
If informal resolution is unsuccessful, the parties agree to attempt resolution through mediation before initiating any formal legal proceedings. The mediator shall be mutually agreed upon by both parties.
13.4 Jurisdiction
If mediation fails, any legal proceedings shall be brought exclusively in the competent courts of Eskisehir, Turkey. You consent to the personal jurisdiction of such courts for this purpose.
Nothing in this clause prevents MarkGrowth from seeking urgent injunctive or other equitable relief in any court of competent jurisdiction to protect its intellectual property or confidential information.
14. Third-Party Services
Our platform integrates with and relies upon third-party services including GoHighLevel, Stripe, Google, OpenAI, WhatsApp (Meta), and others. You acknowledge that:
Your use of third-party services is subject to their own terms of service and privacy policies.
MarkGrowth is not responsible for the availability, accuracy, or conduct of any third-party service.
Changes to third-party platform policies or functionality may affect our services, and MarkGrowth shall not be liable for any resulting disruption.
15. Confidentiality
Both parties agree to keep confidential any non-public information disclosed by the other party in connection with these Terms or the services ("Confidential Information"). Neither party shall disclose Confidential Information to any third party without the prior written consent of the disclosing party, except as required by law.
This obligation of confidentiality shall survive termination of these Terms for a period of two (2) years.
16. Entire Agreement & Severability
These Terms, together with our Privacy Policy available at https://marksgrowth.com, constitute the entire agreement between you and MarkGrowth with respect to your use of our services, and supersede all prior agreements, understandings, or representations.
If any provision of these Terms is found to be invalid, unlawful, or unenforceable by a court of competent jurisdiction, that provision shall be severed from these Terms and the remaining provisions shall continue in full force and effect.
17. Contact Us
If you have any questions about these Terms of Service, please contact us:
MarkGrowth
Eskisehir, Turkey
Email: [email protected]
Website: https://marksgrowth.com.