Terms & Conditions

# Growth Marshal Terms and Conditions

**Last Updated and Effective as of:** May 1, 2026

These Terms and Conditions (the “Agreement” or “Terms”) constitute a legally binding agreement by and between GROWTH MARSHAL, LLC, a New York limited liability company (“Growth Marshal,” “we,” “us,” or “our”), and the client, whether personally or on behalf of an entity (“Client,” “you,” or “your”), regarding Client’s access to and use of Growth Marshal’s website, services, deliverables, systems, and related offerings.

Growth Marshal provides AI Business Integration services, which may include Generative Engine Optimization, AI search visibility work, AI Agent Systems, workflow automation, business development support, outbound support, lead research, enrichment, CRM workflows, operational systems, strategic consulting, implementation, and related services.

By purchasing, subscribing to, accessing, or using Growth Marshal’s services, completing checkout, signing an order form, accepting a proposal, approving a statement of work, clicking to accept these Terms, or otherwise engaging Growth Marshal to provide services, Client agrees to be bound by these Terms.

If Client does not agree to these Terms, Client must not purchase, access, or use the services.

## 1. Definitions

For purposes of these Terms:

“Agreement” means these Terms and Conditions, together with any applicable Order Page, order form, proposal, statement of work, invoice, onboarding confirmation, service description, or other written agreement between the parties.

“Client Data” means information, data, content, records, materials, credentials, files, systems access, customer information, prospect information, business information, and other materials provided by Client or accessed by Growth Marshal on Client’s behalf in connection with the Services.

“Client Systems” means Client’s websites, software, accounts, tools, platforms, databases, CRMs, analytics accounts, email systems, calendar systems, communication platforms, project management tools, workflow tools, APIs, infrastructure, or other systems.

“Deliverables” means work product created specifically for Client in connection with the Services, excluding Growth Marshal Materials.

“Growth Marshal Materials” means Growth Marshal’s pre-existing and independently developed methods, frameworks, prompts, templates, workflows, systems, schemas, code, software, documentation, tools, know-how, processes, configurations, playbooks, designs, strategy frameworks, and other intellectual property.

“Order Page” means any online checkout page, subscription page, payment page, or order confirmation used by Growth Marshal to sell Services.

“Services” means all services provided by Growth Marshal, including AI Business Integration, Generative Engine Optimization, AI Agent Systems, workflow automation, outbound support, lead research, enrichment, business development support, consulting, implementation, reporting, optimization, and related services.

“Third-Party Platforms” means third-party services, systems, platforms, models, tools, websites, APIs, search engines, large language models, advertising platforms, CRMs, email providers, hosting providers, analytics providers, directories, data sources, enrichment providers, payment processors, scheduling tools, and other third-party technologies or services.

## 2. Online Formation; Click-Accept; Records

Client may agree to these Terms by completing checkout, clicking to accept these Terms, signing an order form, approving a proposal, paying an invoice, accessing the Services, or otherwise indicating acceptance.

Growth Marshal may retain electronic records of acceptance, including timestamps, IP addresses, order records, payment records, onboarding emails, and the Terms version in effect at the time of acceptance. Client agrees that such electronic records are sufficient to evidence assent.

Client consents to receive electronic communications from Growth Marshal and agrees that agreements, notices, disclosures, records, invoices, policies, and other communications sent electronically satisfy any legal requirement that such communications be in writing.

## 3. Services

Growth Marshal will provide the Services described in the applicable Order Page, proposal, statement of work, invoice, service description, or other written agreement.

The scope, timing, pricing, deliverables, platforms, access requirements, and responsibilities for a specific engagement may be described in a separate statement of work, proposal, onboarding confirmation, or written communication. If there is a conflict between these Terms and a signed statement of work, the signed statement of work controls only for that specific conflict.

Growth Marshal may determine the method, sequence, tools, vendors, systems, frameworks, and personnel used to perform the Services, unless otherwise expressly agreed in writing.

The Services are provided on a best-effort, professional-services basis. Growth Marshal does not guarantee any particular ranking, citation, inclusion, traffic level, lead volume, conversion rate, revenue level, cost savings, operational outcome, AI response, platform behavior, model output, or business result.

## 4. AI Business Integration Services

Growth Marshal’s AI Business Integration services may include:

- Generative Engine Optimization
- AI search visibility strategy and implementation
- Entity, schema, structured data, and knowledge graph work
- Public profile, directory, citation, and authority distribution work
- AI Agent Systems
- Workflow automation
- Lead research and enrichment
- Outbound support
- CRM workflows
- Sales, support, onboarding, reporting, or operations workflows
- Data syncing between Client-authorized tools
- Drafting, classifying, routing, triggering, or sending communications if authorized
- Strategic consulting and implementation

Client acknowledges that AI Business Integration may involve experimental, evolving, probabilistic, or third-party-dependent technologies, including large language models, automation tools, third-party APIs, data providers, and platforms outside Growth Marshal’s control.

## 5. AI Agent Systems and Automation

If Growth Marshal builds, operates, maintains, or supports AI Agent Systems, workflow automations, or AI-assisted systems for Client, Client authorizes Growth Marshal to configure, deploy, operate, monitor, test, modify, and troubleshoot such systems as reasonably necessary to provide the Services.

Depending on the engagement, AI Agent Systems may:

- Process Client Data
- Access Client-authorized systems
- Generate drafts, summaries, classifications, recommendations, or outputs
- Update CRM records or other business systems
- Route information to team members or tools
- Trigger tasks, alerts, notifications, or workflows
- Draft or send communications when authorized
- Interact with Third-Party Platforms
- Use large language models or other AI systems

Client acknowledges that AI-generated outputs may be incomplete, inaccurate, outdated, misleading, biased, or inappropriate. Client is responsible for reviewing, approving, supervising, and validating outputs where appropriate, especially before using outputs for legal, financial, medical, employment, regulated, high-impact, or customer-facing decisions.

Unless expressly agreed in writing, Growth Marshal is not responsible for Client’s use of AI outputs, automated decisions, customer communications, employment decisions, regulated decisions, professional advice, or other actions taken based on AI-generated or automation-generated output.

## 6. Authorized Access to Client Systems

Client grants Growth Marshal a non-exclusive, revocable, limited license and authorization to access, use, connect to, configure, modify, publish to, integrate with, and process information in Client Systems as reasonably necessary to provide the Services.

Client may authorize access to systems including websites, CMS platforms, hosting accounts, analytics tools, DNS, tag managers, CRMs, email platforms, calendars, communication platforms, workflow tools, databases, APIs, advertising platforms, payment platforms, customer support systems, enrichment tools, and other business systems.

Where possible, Growth Marshal may use OAuth, API keys, service accounts, scoped permissions, role-based access, webhooks, or other limited-access methods rather than shared passwords.

Client is responsible for:

- Ensuring it has the right to authorize Growth Marshal’s access
- Providing timely, accurate, and sufficient access
- Configuring appropriate permissions
- Maintaining security of Client Systems
- Revoking access when access is no longer required
- Ensuring Client Systems and Client Data comply with applicable laws, contracts, and platform rules
- Maintaining backups and internal controls for Client Systems

Growth Marshal may be unable to perform some or all Services if Client fails to provide necessary access, permissions, information, approvals, or cooperation.

## 7. Client Responsibilities

Client is responsible for:

- Providing accurate, complete, and lawful information
- Reviewing and approving materials where approval is requested
- Maintaining appropriate access controls in Client Systems
- Ensuring Client has rights to all Client Data, content, trademarks, logos, materials, and systems access provided to Growth Marshal
- Ensuring Client’s privacy notices, consents, contracts, and internal policies permit the Services
- Ensuring Client’s use of the Services complies with applicable laws, regulations, industry rules, platform terms, and third-party rights
- Maintaining appropriate licenses for Client’s own tools and platforms
- Responding promptly to requests for information, access, approvals, or feedback
- Securing its own accounts, credentials, systems, devices, and personnel access
- Maintaining backups of Client Systems and Client Data
- Complying with laws applicable to marketing, email, SMS, outbound, telemarketing, lead generation, privacy, data protection, consumer protection, employment, healthcare, financial services, legal services, and other regulated activities

Client is solely responsible for decisions, actions, omissions, campaigns, communications, approvals, and business outcomes resulting from Client’s use of the Services.

## 8. Client Data and Privacy

Client Data is governed by Growth Marshal’s Privacy Policy, which is incorporated into these Terms by reference.

Client represents and warrants that it has all necessary rights, consents, notices, permissions, and legal bases to provide Client Data to Growth Marshal or authorize Growth Marshal to access Client Data.

Client is responsible for ensuring that individuals whose information may be processed in connection with the Services receive any legally required notices and that Client has obtained any legally required consents or authorizations.

Growth Marshal will process Client Data as reasonably necessary to provide the Services, maintain security, troubleshoot issues, comply with legal obligations, enforce agreements, and as otherwise described in the Privacy Policy or applicable written agreement.

## 9. AI Model Training and Service Improvement

Growth Marshal does not use Client Data to train artificial intelligence models unless expressly agreed otherwise in writing.

Growth Marshal may use learnings, know-how, configurations, generalized patterns, templates, workflows, technical approaches, performance insights, de-identified information, or aggregated information to improve its services, provided that Growth Marshal does not disclose Client Data or use it to identify Client, Client’s customers, or Client’s confidential business information.

Client acknowledges that third-party AI providers may process information as service providers, subprocessors, or technology vendors in connection with the Services, subject to the applicable provider’s terms and configurations.

## 10. Sensitive and Regulated Information

Client must not provide sensitive, regulated, or highly confidential information unless it is necessary for the Services, authorized by Client, and addressed in the applicable written agreement.

Sensitive or regulated information may include health information, financial account information, government identification numbers, children’s information, biometric information, precise geolocation, protected legal information, employment records, criminal history, consumer reports, or other information subject to heightened legal protection.

If Client operates in a regulated industry, including healthcare, legal, financial services, employment, insurance, education, children’s services, or similar sectors, Client is responsible for notifying Growth Marshal before providing regulated data or authorizing access to systems containing regulated data.

Unless expressly agreed in writing, Growth Marshal does not act as a HIPAA business associate, financial institution service provider, law firm, legal professional, employment decision-maker, consumer reporting agency, or regulated professional services provider.

## 11. Outbound, Lead Generation, and Communications

If Client engages Growth Marshal for outbound support, business development support, prospect research, lead enrichment, email drafting, communication workflows, or similar Services, Client is responsible for ensuring that all outreach, prospecting, messaging, unsubscribe handling, consent practices, data sourcing, and campaign activities comply with applicable laws and platform requirements.

Growth Marshal may assist with research, enrichment, draft generation, lead qualification, CRM updates, reply routing, and communication workflows. However, Client remains responsible for final business decisions, campaign approvals, target selection, messaging, claims, compliance, and use of any resulting leads or communications.

If Client authorizes automated or AI-assisted communications, Client acknowledges that communications may be triggered, drafted, routed, scheduled, or sent through automation. Client is responsible for supervising such systems and ensuring that communications are accurate, lawful, non-deceptive, and properly authorized.

## 12. Generative Engine Optimization and Public-Facing Work

If Growth Marshal provides Generative Engine Optimization, AI search visibility, entity optimization, structured data, public profile, directory, authority distribution, or related Services, Client authorizes Growth Marshal to create, edit, publish, submit, distribute, or update public-facing business information as reasonably necessary to perform the Services.

This may include website content, structured data, schema, public profiles, directories, review platforms, business listings, third-party mentions, public databases, knowledge graph materials, case studies, citations, public biographies, public company descriptions, and other materials designed to improve discoverability, entity consistency, authority, or AI search visibility.

Client represents and warrants that all information provided for public-facing use is accurate, lawful, authorized, non-infringing, not confidential unless intended for publication, and does not violate any third-party rights.

Growth Marshal does not control how search engines, AI systems, directories, LLMs, third-party publishers, or other platforms crawl, index, retrieve, display, modify, summarize, cite, rank, suppress, reject, remove, or use public-facing information.

## 13. Intellectual Property

### 13.1 Client Materials

As between the parties, Client retains ownership of Client’s pre-existing websites, trademarks, logos, content, data, materials, and other intellectual property.

Client grants Growth Marshal a non-exclusive, worldwide, royalty-free, sublicensable, revocable license to access, use, reproduce, modify, create derivative works from, publish, display, distribute, and otherwise use Client Materials as reasonably necessary to provide the Services, create Deliverables, operate integrations, perform public-facing work, and exercise rights under these Terms.

### 13.2 Deliverables

Subject to full payment of all amounts owed, Growth Marshal assigns to Client Growth Marshal’s rights, if any, in final Deliverables created specifically for Client under the applicable engagement, excluding Growth Marshal Materials, third-party materials, open-source materials, tools, frameworks, prompts, templates, code libraries, systems, methods, and know-how.

### 13.3 Growth Marshal Materials

Growth Marshal retains all rights, title, and interest in Growth Marshal Materials. No rights are transferred to Client except as expressly stated in these Terms or a written agreement.

Client receives a limited, non-exclusive, non-transferable license to use Growth Marshal Materials incorporated into Deliverables solely as necessary to use the Deliverables for Client’s internal business purposes or public website/business use, as applicable.

### 13.4 Feedback

If Client provides suggestions, comments, ideas, requests, or other feedback regarding the Services, Growth Marshal may use such feedback without restriction or compensation, provided Growth Marshal does not disclose Client Confidential Information.

## 14. Third-Party Platforms

The Services may depend on or interact with Third-Party Platforms. Growth Marshal does not control Third-Party Platforms and is not responsible for their availability, security, performance, policies, outputs, pricing, data practices, uptime, accuracy, indexing, ranking, citations, model behavior, API behavior, deliverability, account status, or changes.

Client is responsible for maintaining accounts, licenses, subscriptions, permissions, and compliance with Third-Party Platform terms unless otherwise agreed in writing.

Growth Marshal is not liable for delays, failures, losses, errors, interruptions, suspensions, penalties, takedowns, account restrictions, algorithm changes, API changes, model changes, rate limits, moderation decisions, or other issues caused by or related to Third-Party Platforms.

## 15. Fees, Billing, and Payment

Client shall pay all fees described in the applicable Order Page, proposal, statement of work, invoice, subscription plan, or written agreement.

Unless otherwise stated:

- Fees are due in advance.
- Subscription fees renew automatically on a monthly basis.
- Growth Marshal may charge the payment method provided by Client for recurring fees, usage-based fees, approved expenses, and other amounts owed.
- Client authorizes Growth Marshal and its payment processors, including Stripe and Chargebee, to process payments.
- Fees are non-refundable except as expressly stated in writing.
- Client is responsible for applicable taxes, unless Growth Marshal is legally required to collect them.
- Late payments may result in suspension or termination of Services.

If Client disputes an invoice, Client must notify Growth Marshal in writing within ten (10) days of the invoice date and describe the basis for the dispute. Undisputed amounts remain due.

Growth Marshal may update fees for future renewal terms by providing notice before the updated fees take effect.

## 16. Subscription Renewal and Cancellation

If Client purchases a subscription plan, the subscription renews automatically at the applicable interval unless cancelled in accordance with these Terms or the applicable Order Page.

Client may cancel a subscription by providing written notice at least fifteen (15) days before the next renewal date, unless a different cancellation period is stated in the applicable written agreement.

Cancellation stops future renewals but does not entitle Client to a refund for elapsed terms, completed work, committed resources, setup work, implementation work, or partially used periods unless expressly agreed in writing.

## 17. Term and Termination

These Terms remain in effect while Client uses or receives the Services.

Either party may terminate an engagement as provided in the applicable Order Page, statement of work, proposal, or written agreement.

Growth Marshal may suspend or terminate Services immediately if:

- Client fails to pay amounts owed
- Client breaches these Terms
- Client fails to provide required access, information, or cooperation
- Client uses the Services unlawfully or deceptively
- Client’s use creates legal, security, reputational, operational, platform, or business risk
- Client violates third-party rights or platform rules
- Continued performance would be impractical, unsafe, unlawful, or commercially unreasonable

If either party believes the other party has materially breached these Terms, the non-breaching party may provide written notice describing the breach. The breaching party will have thirty (30) days to cure the breach if the breach is capable of cure. If the breach is not cured within that period, the non-breaching party may terminate the applicable engagement.

Sections intended to survive termination survive, including payment obligations, intellectual property, confidentiality, privacy, disclaimers, limitations of liability, indemnification, dispute resolution, and miscellaneous provisions.

## 18. Refunds

Fees are non-refundable unless expressly stated in writing.

Growth Marshal may, in its sole discretion, provide a credit, partial refund, re-performance, or other accommodation. Providing any such accommodation does not create an obligation to provide similar accommodations in the future.

If Client receives a refund for Services during the first month of an engagement, Client may not use, publish, deploy, distribute, or benefit from work product created by Growth Marshal during that refunded period unless Growth Marshal expressly permits such use in writing.

## 19. Confidentiality

“Confidential Information” means non-public information disclosed by one party to the other that a reasonable person would understand to be confidential, including business plans, technical information, customer information, pricing, credentials, systems access, strategy, financial information, trade secrets, and non-public Client Data.

The receiving party will use Confidential Information only to perform or receive the Services, protect Confidential Information using reasonable care, and not disclose Confidential Information except to personnel, contractors, vendors, advisors, or service providers who need to know it and are bound by confidentiality obligations or professional duties.

Confidential Information does not include information that is publicly available without breach, already known without restriction, independently developed without use of Confidential Information, or lawfully received from a third party without restriction.

The receiving party may disclose Confidential Information if required by law, legal process, or government request, provided it gives notice where legally permitted.

## 20. Portfolio, Publicity, and Results

Unless Client opts out in writing, Client authorizes Growth Marshal to use Client’s name, logo, trademarks, non-confidential project descriptions, non-confidential results, testimonials, public-facing work, and related materials for marketing, sales, website, proposal, case study, white paper, social proof, and publicity purposes.

Upon written opt-out, Growth Marshal will stop new marketing uses and, within a reasonable time, remove or edit readily controllable public references on Growth Marshal-owned channels.

Growth Marshal will not intentionally disclose Client Confidential Information in public marketing materials unless authorized.

If Client provides brand guidelines, Growth Marshal will make commercially reasonable efforts to follow them.

## 21. Marketing Attribution Link

Unless Client opts out in writing, Client authorizes Growth Marshal to insert and maintain a discrete marketing attribution link or credit in Client’s website footer or other agreed location, pointing to Growth Marshal’s website.

Example attribution: `<ai.configured: "growth-marshal"/>`

If Client opts out in writing, Growth Marshal will remove the attribution within a reasonable time from systems Growth Marshal controls or can reasonably access.

## 22. Prohibited Uses

Client must not use the Services to:

- Violate any law, regulation, contract, platform rule, or third-party right
- Send unlawful spam, deceptive communications, or unauthorized messages
- Engage in fraud, deception, impersonation, phishing, malware, scraping abuse, credential theft, or security attacks
- Generate, publish, or distribute unlawful, defamatory, infringing, deceptive, harmful, or misleading content
- Process sensitive or regulated data without appropriate authorization and written agreement
- Use AI outputs for prohibited, unlawful, discriminatory, or high-impact decisions without appropriate human review and legal compliance
- Reverse engineer, copy, resell, sublicense, or compete with Growth Marshal using Growth Marshal Materials
- Interfere with Growth Marshal’s systems, vendors, personnel, or other clients
- Misrepresent Growth Marshal’s work, outputs, capabilities, or relationship with Client
- Use the Services in a way that creates unreasonable legal, security, reputational, operational, or commercial risk

Growth Marshal may suspend or terminate Services if Growth Marshal reasonably believes Client has violated this section.

## 23. Warranties and Disclaimers

The Services are provided on an “AS IS,” “AS AVAILABLE,” and “BEST EFFORT” basis.

To the fullest extent permitted by law, Growth Marshal disclaims all warranties, whether express, implied, statutory, or otherwise, including warranties of merchantability, fitness for a particular purpose, title, non-infringement, accuracy, availability, completeness, reliability, timeliness, security, and results.

Growth Marshal does not warrant that:

- The Services will be uninterrupted, error-free, secure, or available at all times
- Any AI output will be accurate, complete, lawful, appropriate, or fit for a specific purpose
- Any Third-Party Platform will behave in a particular way
- Client will achieve rankings, citations, LLM inclusion, indexing, traffic, leads, conversions, revenue, savings, efficiency, or other outcomes
- Any website, integration, workflow, agent, model, or automation will be free from bugs, downtime, interruptions, or third-party failures

## 24. No Professional Advice

Growth Marshal does not provide legal, financial, tax, medical, accounting, employment, insurance, investment, or other regulated professional advice.

Client should consult qualified professionals for advice in those areas. Client is responsible for decisions made based on the Services, deliverables, recommendations, outputs, or automations.

## 25. Limitation of Liability

To the fullest extent permitted by law, Growth Marshal and its owners, members, managers, officers, employees, contractors, agents, vendors, and affiliates will not be liable for any indirect, incidental, special, consequential, exemplary, punitive, or enhanced damages, including lost profits, lost revenue, lost business, lost opportunity, loss of goodwill, loss of data, business interruption, replacement services, or reputational harm, whether arising from contract, tort, negligence, strict liability, or any other theory, even if advised of the possibility of such damages.

To the fullest extent permitted by law, Growth Marshal’s total aggregate liability arising out of or relating to the Services or these Terms will not exceed the amounts paid by Client to Growth Marshal for the Services giving rise to the claim during the three (3) months preceding the event giving rise to the claim.

The limitations in this section apply to the maximum extent permitted by law and are essential to the bargain between the parties.

## 26. Indemnification

Client agrees to defend, indemnify, and hold harmless Growth Marshal and its owners, members, managers, officers, employees, contractors, agents, vendors, and affiliates from and against any claims, demands, damages, losses, liabilities, fines, penalties, costs, and expenses, including reasonable attorneys’ fees, arising out of or related to:

- Client’s use of the Services
- Client Data
- Client Systems
- Client’s breach of these Terms
- Client’s violation of law, regulation, contract, platform rule, or third-party right
- Client’s marketing, outbound, lead generation, sales, customer, or business activities
- Client’s use of AI outputs, automations, workflows, or recommendations
- Client’s public-facing claims, content, products, services, or representations
- Client’s failure to provide required notices, consents, authorizations, or legal bases
- Client’s regulated industry obligations
- Any allegation that Client Materials, Client Data, or Client instructions infringe, violate, or misappropriate third-party rights

Growth Marshal reserves the right, at Client’s expense, to assume control of the defense of any matter subject to indemnification. Client agrees to cooperate with the defense of such claims.

## 27. Force Majeure

Neither party will be liable for delay or failure to perform due to events beyond its reasonable control, including natural disasters, labor disputes, internet outages, cyberattacks, platform outages, vendor failures, governmental actions, war, terrorism, civil unrest, emergencies, power failures, changes in law, algorithm changes, model changes, search engine changes, API changes, or Third-Party Platform restrictions.

## 28. Modifications to Services or Terms

Growth Marshal may modify, suspend, discontinue, or update the Services from time to time.

Growth Marshal may update these Terms by posting an updated version on its website or otherwise notifying Client. Changes apply prospectively unless otherwise stated.

If Growth Marshal makes material changes that meaningfully affect Client’s rights or obligations, Growth Marshal will make commercially reasonable efforts to provide notice. Client’s continued use of the Services after updated Terms become effective constitutes acceptance of the updated Terms.

Growth Marshal will not use a retroactive change to these Terms or the Privacy Policy to grant itself materially broader rights to use Client Data for AI training without appropriate notice or written agreement.

## 29. Governing Law

These Terms are governed by and construed in accordance with the laws of the State of New York, without regard to conflict-of-law principles, except that the Federal Arbitration Act governs the interpretation and enforcement of the arbitration agreement below.

## 30. Dispute Resolution and Arbitration

### 30.1 Agreement to Arbitrate

Except as expressly stated below, Client and Growth Marshal agree that any dispute, claim, or controversy arising out of or relating to these Terms, the Services, the breach, termination, enforcement, interpretation, or validity of these Terms, or the relationship between the parties will be resolved by binding arbitration rather than in court.

Client and Growth Marshal waive the right to a trial by jury and the right to participate in a class action, collective action, or representative action.

### 30.2 Exceptions

Either party may bring an action in small claims court if the claim qualifies.

Either party may seek injunctive or equitable relief in court for unauthorized use of intellectual property, misuse of Confidential Information, unauthorized access, security threats, nonpayment, or other urgent matters requiring immediate relief.

### 30.3 Arbitration Rules

The arbitration will be administered by the American Arbitration Association under its Commercial Arbitration Rules then in effect, except as modified by these Terms.

If there is a conflict between the AAA rules and these Terms, these Terms control to the extent permitted by law.

### 30.4 Location

Unless the parties agree otherwise, arbitration will take place in Rockland County, New York, remotely by video conference, or in another location required by the arbitrator or arbitration administrator.

### 30.5 Arbitrator

The arbitration will be conducted by a single neutral arbitrator selected under the applicable arbitration rules.

### 30.6 Fees

Each party will bear its own attorneys’ fees and costs unless the arbitrator determines otherwise under applicable law, the applicable arbitration rules, or these Terms.

### 30.7 Class Action Waiver

Client and Growth Marshal agree that any arbitration will be conducted only in their individual capacities and not as a class, collective, consolidated, or representative action.

If this class action waiver is found unenforceable as to a particular claim, then that claim must proceed in court and not arbitration, unless otherwise required by law.

### 30.8 Survival

This arbitration agreement survives termination of the relationship between Client and Growth Marshal.

## 31. Notices

Growth Marshal may provide notices by email, website posting, invoice notice, account notice, or other reasonable electronic means.

Client may provide notices to Growth Marshal by email at **hello@growthmarshal.io**, unless another notice method is required by a signed written agreement.

Client is responsible for keeping contact and billing information current.

## 32. Assignment

Client may not assign or transfer these Terms or any rights or obligations under these Terms without Growth Marshal’s prior written consent.

Growth Marshal may assign these Terms in connection with a merger, acquisition, reorganization, sale of assets, change of control, or transfer of business operations.

## 33. Relationship of the Parties

The parties are independent contractors. Nothing in these Terms creates a partnership, joint venture, franchise, employment, agency, fiduciary, or exclusive relationship between the parties.

Growth Marshal may use employees, contractors, vendors, service providers, and technology providers to perform the Services.

## 34. Severability

If any provision of these Terms is found unlawful, void, or unenforceable, that provision will be severed or modified to the minimum extent necessary, and the remaining provisions will remain in full force and effect.

## 35. Waiver

Failure to enforce any provision of these Terms does not constitute a waiver of that provision or any other provision.

## 36. Entire Agreement

These Terms, together with any applicable Order Page, proposal, statement of work, invoice, onboarding confirmation, Privacy Policy, and other written agreement between the parties, constitute the entire agreement between Client and Growth Marshal regarding the Services and supersede prior or contemporaneous understandings regarding the same subject matter.

## 37. Contact Information

For questions about these Terms or the Services, contact Growth Marshal at:

Growth Marshal, LLC
New York, United States
Email: hello@growthmarshal.io