The agreement that governs your engagement with GrowthOps. Plain-language headings, defined terms, and clear cross-references — so you know exactly what you're signing.
These Terms of Service ("Terms") form a binding legal agreement between you ("Client") and GrowthOps, a sole proprietorship based in Vaughan, Ontario, Canada ("GrowthOps," "we," "us," or "our"). By signing a proposal, paying an invoice, accessing our systems, or using any GrowthOps service, you agree to these Terms in full.
If you are entering into this agreement on behalf of a company or other legal entity, you represent that you have authority to bind that entity. If you do not agree with any part of these Terms, do not use our services.
GrowthOps provides AI-powered business automation services for service businesses, including CRM configuration, automated lead follow-up, missed-call text-back, email and SMS campaigns, reporting dashboards, quiz and audit funnels, AI chat assistants, and custom workflow automation. The exact scope of Services for each engagement is defined in your signed SOW.
We reserve the right to modify, improve, or discontinue any feature of the Services with reasonable advance notice. Material changes to an active engagement will be discussed and agreed upon in writing before taking effect.
GrowthOps offers tiered service packages (Starter Fix, Growth System, and AI Growth System). Indicative starting prices are listed on growthops.ca. Final pricing is confirmed in your signed SOW after a discovery call and free audit. All fees are quoted in Canadian Dollars (CAD) unless otherwise specified. USD pricing may be offered to US-based clients at the prevailing exchange rate.
Setup Fees are typically invoiced 50% on signing and 50% on completion, unless otherwise agreed in the SOW. Retainers are invoiced monthly in advance. Invoices are due within 14 calendar days of issuance. Overdue amounts bear interest at 1.5% per month (approximately 19.56% per annum), compounding monthly, from the due date until paid in full. GrowthOps reserves the right to suspend Services on accounts more than 21 days overdue after providing written notice.
All fees are exclusive of applicable taxes. GrowthOps will collect and remit GST/HST and, where applicable, QST in accordance with applicable federal and provincial law. US clients are responsible for any taxes, duties, or levies imposed by their jurisdiction.
Setup Fees are non-refundable once work has commenced. If GrowthOps fails to deliver agreed Deliverables and you notify us in writing within 14 days of the missed deadline, we will, at our option, remedy the deficiency or issue a prorated credit. Monthly Retainer fees are non-refundable for the current billing period but may be cancelled for future periods per §14.
To enable effective service delivery, you agree to:
CASL notice. Canada's Anti-Spam Legislation (CASL) carries penalties of up to $10,000,000 per violation for commercial electronic messages sent without proper consent. GrowthOps builds CASL-compliant systems, but you remain legally responsible for ensuring your contact lists and consent records meet CASL requirements. See §6 below for messaging rules.
By accepting these Terms, you agree to use the Services in compliance with the messaging rules below. Violations may result in immediate suspension of Services without refund.
You must have express or implied consent before sending any commercial electronic message to a Canadian recipient. Express consent must be documented (e.g., an unchecked opt-in box with clear disclosure at the point of collection). Implied consent applies for 24 months following a business transaction or 6 months following an inquiry. Every message must include a clear opt-out mechanism (e.g., "Reply STOP to unsubscribe"). You must honour opt-outs within 10 business days and maintain a suppression list and consent records for at least three (3) years.
Commercial emails to US recipients must include your legal business name, a valid physical mailing address, accurate sender identification, and a functional one-click unsubscribe link. Opt-outs must be honoured within 10 business days.
Automated text messages to US numbers require prior express written consent as defined by the Telephone Consumer Protection Act. Consent must be obtained separately from other terms and conditions; pre-checked boxes do not constitute valid consent. Each message must include opt-out instructions (e.g., "Reply STOP to cancel"). Standard message and data rates may apply.
SMS sent to US numbers through GoHighLevel must be registered under the A2P 10DLC carrier framework. Unregistered campaigns are subject to carrier filtering, message blocking, and regulatory penalties. GrowthOps will assist with registration as part of your setup; you are responsible for providing accurate and complete information about your use case.
You represent and warrant that:
Liability notice. GrowthOps is not responsible for fines, penalties, or legal claims arising from your use of non-compliant contact lists or your failure to obtain legally sufficient consent. Per §13 (Indemnification), you agree to indemnify GrowthOps from any such claims.
GrowthOps may use AI tools to draft messages, responses, or content within your automation workflows. You are responsible for reviewing and approving all AI-generated content before it is deployed to your contacts. GrowthOps is not liable for AI-generated content that is inaccurate, inappropriate, or non-compliant with applicable law once approved by you.
GrowthOps reserves the right to pause or suspend automations that appear to violate this §6, require removal of non-compliant contacts before restoring service, or terminate your engagement for serious or repeated violations. Suspension or termination under this §6 does not entitle you to a refund of any fees paid.
All methodologies, templates, frameworks, code libraries, and proprietary systems developed by GrowthOps prior to or independently of your engagement remain the exclusive property of GrowthOps. You receive a non-exclusive, non-transferable licence to use Deliverables for your internal business purposes only.
You retain full ownership of your Client Data, branding assets, and pre-existing materials. You grant GrowthOps a limited, royalty-free licence to use your materials solely to deliver the Services.
Custom Deliverables built specifically for you are licensed to you upon full payment of all applicable fees. GrowthOps retains the right to apply general techniques, methodologies, and non-Client-specific know-how gained during the engagement to other clients.
Unless you request otherwise in writing, GrowthOps may reference your business name and describe the general nature of work performed (without disclosing Confidential Information) for portfolio and marketing purposes.
Each party agrees to hold the other's Confidential Information in strict confidence and not disclose it to any third party without prior written consent, except: (a) as required by applicable law or court order; or (b) to subcontractors bound by equivalent confidentiality obligations.
These obligations survive termination of these Terms for three (3) years. Excluded is information that: (i) was publicly known at time of disclosure; (ii) became publicly known through no fault of the receiving party; (iii) was independently developed by the receiving party; or (iv) was rightfully received from a third party without restriction.
With respect to personal data of your leads and contacts processed through the Services:
Each party shall comply with its respective obligations under applicable privacy law, including PIPEDA, Quebec Law 25 (Bill 64), and applicable US state privacy laws. You are responsible for maintaining your own privacy notice that discloses how your customers' data is collected, used, and shared.
GrowthOps uses third-party platforms to deliver the Services, including GoHighLevel, Make.com, Google Workspace, Stripe, OpenAI, and Anthropic. Your use of these platforms is also subject to their own terms of service and privacy policies. GrowthOps is not responsible for the acts or omissions of third-party providers, including service outages, data incidents, or changes to their policies or pricing.
Where a third-party subscription is required for your engagement (such as GoHighLevel), you are responsible for those subscription fees unless explicitly stated otherwise in your SOW.
THE SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE." GROWTHOPS MAKES NO WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. WE DO NOT GUARANTEE ANY SPECIFIC BUSINESS OUTCOMES, REVENUE RESULTS, LEAD VOLUMES, OR CONVERSION RATES. RESULTS DEPEND ON FACTORS OUTSIDE OUR CONTROL, INCLUDING MARKET CONDITIONS AND YOUR OWN BUSINESS OPERATIONS.
Our business audit tool and quiz funnel are provided for informational and diagnostic purposes only and do not constitute professional legal, financial, regulatory, or tax advice.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, GROWTHOPS'S TOTAL LIABILITY TO YOU FOR ANY CLAIM ARISING OUT OF OR RELATED TO THESE TERMS SHALL NOT EXCEED THE TOTAL FEES PAID BY YOU TO GROWTHOPS IN THE THREE (3) MONTHS IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO THE CLAIM.
IN NO EVENT SHALL GROWTHOPS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING LOSS OF PROFITS, REVENUE, DATA, OR BUSINESS OPPORTUNITIES, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
Some jurisdictions do not allow certain liability limitations. In such jurisdictions, liability is limited to the fullest extent permitted by applicable law.
You agree to indemnify, defend, and hold harmless GrowthOps and its principals, employees, contractors, and agents from any claims, damages, losses, penalties, fines, or expenses (including reasonable legal fees) arising from: (a) your breach of these Terms; (b) your violation of any applicable law, including CASL, CAN-SPAM, or TCPA; (c) your misuse of the Services; or (d) infringement of third-party intellectual property rights through your Client Data or instructions to GrowthOps.
These Terms are effective from the date you first engage GrowthOps and remain in effect until terminated as set out below.
You may terminate your monthly Retainer at any time with 30 days' written notice. Setup Fees already paid are non-refundable. Any active billing period will be fulfilled to completion.
GrowthOps may terminate these Terms immediately upon written notice if: (a) you fail to pay any overdue amount within 21 days of written notice; (b) you materially breach these Terms and fail to cure within 14 days of notice; or (c) you use the Services in violation of applicable law or §6 (Acceptable Use).
Upon termination: (a) your access to GrowthOps-managed systems will be revoked; (b) you will have 30 days to export your Client Data from any platforms we configured for you; (c) GrowthOps will delete or return your Confidential Information on request. Sections 7, 8, 11, 12, 13, 16, and 17 survive termination.
Neither party will be liable for delays or failures in performance caused by circumstances beyond that party's reasonable control, including natural disasters, acts of government, pandemics, power failures, internet disruptions, or third-party platform outages. The affected party will notify the other promptly and resume performance as soon as reasonably practicable.
These Terms are governed by the laws of the Province of Ontario and the federal laws of Canada applicable therein. The United Nations Convention on Contracts for the International Sale of Goods (UN CISG) is expressly excluded.
The parties will first attempt to resolve any dispute through good-faith negotiation for 30 days after written notice of the dispute. If unresolved, disputes will be submitted to binding arbitration administered by the ADR Institute of Canada (ADRIC) in Toronto, Ontario, under ADRIC's National Arbitration Rules. Proceedings will be conducted in English. The arbitral award is final and binding and may be entered in any court of competent jurisdiction.
Either party may seek emergency injunctive relief from a court of competent jurisdiction without first undergoing arbitration, where necessary to prevent irreparable harm.
These Terms, together with your signed SOW or proposal, constitute the entire agreement between the parties regarding the Services and supersede all prior discussions, representations, and understandings.
We may update these Terms periodically. Material changes will be communicated by email at least 14 days before taking effect. Continued use of the Services after the effective date constitutes acceptance of the updated Terms.
If any provision of these Terms is found unenforceable, it will be modified to the minimum extent necessary to make it enforceable. All remaining provisions continue in full force.
Failure by either party to enforce any right under these Terms does not constitute a waiver of that right in future instances.
You may not assign or transfer your rights under these Terms without GrowthOps's prior written consent. GrowthOps may assign its rights to a successor entity in connection with a merger, acquisition, or sale of substantially all assets.
Notices under these Terms must be in writing and sent by email to addresses on record. Notices to GrowthOps: legal@growthops.ca.
The parties are independent contractors. Nothing in these Terms creates an employment, partnership, joint venture, or agency relationship.
These Terms are drafted in English. A French version is available upon request (Une version française est disponible sur demande). In case of conflict between language versions, the English version governs.
If you have any questions about these Terms or any aspect of an engagement with GrowthOps, please contact us.
Email: legal@growthops.ca (legal matters)
Email: hello@growthops.ca (general inquiries)
Web: growthops.ca/contact
Based in Vaughan, Ontario, Canada