Subscription / Customer Agreement

1. Definitions

Customer means the company purchasing the Service. Authorized User means a person Customer permits to use it. Customer Content means data and files Customer or its users submit. Services means the SimpleGrowHQ B2B SaaS platform and related support. Subprocessor means a provider that processes Customer personal data for SimpleGrowHQ.

2. Acceptance and authority

The signer represents that they are at least 18 and authorized to bind Customer. This Agreement, the Privacy Policy, and the DPA govern use of the Services.

3. Services and plans

SimpleGrowHQ provides dashboards, RGU and goal pacing, commission tracking, reports, leaderboards, an AI Assistant, and Smart Import for wireless retail teams. Current Starter, Growth, and Business plan details appear on the Pricing page. Starter includes a 14-day trial; Growth and Business do not include a trial unless SimpleGrowHQ agrees otherwise in writing. Features and limits vary by plan.

4. Accounts and security

Customer controls its Authorized Users and must provide accurate account information, safeguard credentials, use available MFA, promptly remove unauthorized users, and notify SimpleGrowHQ of suspected compromise. Customer is responsible for activity under its accounts except to the extent caused by SimpleGrowHQ.

5. Customer Content and data

Customer retains all right, title, and interest in Customer Content. Customer grants SimpleGrowHQ a limited, nonexclusive license to host, copy, transmit, display, and process Customer Content only as needed to provide, secure, support, and improve the Services and meet legal obligations. SimpleGrowHQ may use aggregated or de-identified information that cannot reasonably identify Customer or a person to analyze and improve the Services.

Customer represents that it has all notices, permissions, and lawful bases required to submit and process Customer Content, including employee performance and commission data.

6. Acceptable use

Customer and Authorized Users may not use the Services illegally; upload data they lack rights to; probe, attack, overload, reverse engineer, or bypass security; distribute malware; impersonate others; or use the Services to violate privacy, employment, consumer-protection, or intellectual-property rights.

7. AI features

AI Assistant and Smart Import content is sent to Anthropic’s Claude API to produce results. Customer is responsible for uploaded content and lawful processing. AI output may be incomplete or wrong and requires human review. Commission, payroll, employment, and financial figures must be independently verified before use. SimpleGrowHQ does not promise that AI output is accurate or fit for a specific decision.

8. Billing, renewal, cancellation, and taxes

Stripe processes payments. Paid subscriptions renew for the selected billing period until canceled. Customer authorizes recurring charges and is responsible for applicable taxes. Price changes will receive reasonable advance notice and normally apply at the next renewal. Refund policy: Refunds and prorating, if any, follow the applicable plan, order, or executed agreement. Cancellation stops future renewal but does not erase amounts already due.

9. Confidentiality

Each party will protect the other’s nonpublic business, technical, and financial information with reasonable care and use it only to perform this Agreement. Confidentiality does not cover information lawfully public, already known without restriction, independently developed, or rightfully received from another source. Required legal disclosures must be limited where reasonably possible.

10. Service availability and support

SimpleGrowHQ will use commercially reasonable efforts to operate the Services. No uptime service-level agreement applies unless separately signed. Maintenance, emergencies, providers, internet conditions, and events outside reasonable control may affect availability.

11. Warranties and disclaimers

Each party warrants it has authority to enter this Agreement. Except for express promises in this Agreement and to the extent permitted by law, the Services are provided “as is” and “as available.” SimpleGrowHQ disclaims implied warranties of merchantability, fitness for a particular purpose, noninfringement, and uninterrupted or error-free operation.

12. Limitation of liability

To the extent permitted by law, neither party is liable for indirect, incidental, special, exemplary, punitive, or consequential damages, or lost profits, revenue, goodwill, or data. Aggregate liability cap: the limitation stated in the applicable order or executed agreement. This section does not limit liability that applicable law does not allow the parties to limit.

13. Indemnity

Customer will defend and indemnify SimpleGrowHQ against third-party claims arising from Customer Content, Customer’s unlawful use, or Customer’s violation of this Agreement or another person’s rights. SimpleGrowHQ will provide reasonable notice and cooperation, and Customer may not settle a claim in a way that admits fault or imposes obligations on SimpleGrowHQ without consent.

14. Term, suspension, and termination

This Agreement continues while Customer has an account. SimpleGrowHQ may suspend access to address security risk, unlawful use, material breach, or unpaid fees after reasonable notice when circumstances permit. Either party may terminate for uncured material breach. Customer may export data during the period available under the applicable plan or agreement. Customer data will then be deleted within the period stated in the applicable retention policy, subject to legal retention duties and the DPA.

15. Changes

SimpleGrowHQ may improve or modify the Services. Material adverse changes to this Agreement will receive reasonable notice. Continued use after the effective date constitutes acceptance where permitted by law.

16. Governing law and disputes

Governing law: the jurisdiction stated in the applicable executed agreement. Courts or arbitration process and venue: the dispute process stated in the applicable order or executed agreement.

17. Miscellaneous

Neither party may assign this Agreement without consent, except in a merger, reorganization, or sale of substantially all relevant assets. Neither party is liable for delay caused by events outside reasonable control. This Agreement and incorporated documents are the entire agreement concerning the Services. Invalid terms will be limited or removed without affecting the rest. Waivers must be written. Notices will be sent to account contacts and the notice contact stated in the applicable order or executed agreement.