Terms of Service

These Terms of Service ("Terms") govern access to and use of GrowInstantAI's Website as a Service platform, websites, APIs, AI tools and related products and services (collectively, the "Services").

By creating an account, submitting payment information, executing an order, or otherwise accessing or using the Services, you represent and warrant that you are acting on behalf of a duly formed business entity with the authority to bind that entity, and you agree to be bound by these Terms. Consumers and individuals acting in a personal, consumer, or household capacity are expressly prohibited from using the Services.

1. Definitions

• "Authorized Users" means individuals you permit to access the Services under your account.
• "Customer Data" means data, content, information, and materials submitted to the Services by or on behalf of Customer, including content processed by AI features.
• "Fees" means subscription fees, setup fees, and any approved administrative, reactivation, or recovery fees as defined in Sections 5 and 7.
• "Order Form" means any online checkout, order page, statement of work, or similar ordering flow referencing the Services and Fees.
• "Subscription" means the recurring plan purchased by Customer for access to the Services.

2. Services Provided

GrowInstantAI provides subscription-based Website as a Service, including custom website design, managed hosting, content updates, SEO optimization, analytics, AI-powered improvements, automation workflows, integrations and related digital services.

Services are provided "as-is" and "as-available", and are subject to ongoing development, modification, enhancement and optimization. Feature availability, performance, outputs and results may vary depending on configuration, customer data inputs, third-party integrations, usage patterns and external factors beyond GrowInstantAI's control. No specific business outcome or performance metric is guaranteed.

GrowInstantAI does not guarantee:

• Any specific business outcome, revenue result, lead volume, conversion rate, SEO ranking, or performance metric;
• Continuous, uninterrupted or error-free availability; or
• Compatibility with all third-party systems or data sources.

All setup, onboarding, configuration and implementation fees (if applicable) are non-refundable. GrowInstantAI reserves the right to modify, enhance, suspend, or discontinue any aspect of the Services at its discretion.

3. User Account Responsibilities

Customer is responsible for maintaining the confidentiality and security of all account credentials and all activity occurring under the account. Customer shall not, and will not permit any third party to: (i) reverse engineer, scrape, or attempt model extraction; (ii) misuse the Services to violate law; (iii) transmit malware; (iv) send unlawful spam; or (v) circumvent usage limits.

4. Fees, Payment and Billing

All payments are processed securely through Stripe or GrowInstantAI's designated payment processor. By submitting payment details, you expressly authorize GrowInstantAI to charge your designated payment method on a recurring basis in accordance with the applicable Subscription rate until cancellation. Subscriptions renew automatically, are billed in advance, and continue until properly cancelled.

5. Failed Payments and Service Suspension

5.1. Grace Period

If a payment attempt fails, GrowInstantAI provides a seven (7) day grace period for the Customer to resolve the balance. During this time, Services will remain active.

5.2. Processing Failure Fee

To cover administrative costs and automated retry overhead, GrowInstantAI reserves the right to apply a $15.00 Processing Failure Fee (or such other reasonable administrative amount reflecting actual costs incurred) to accounts that exhibit chronic payment instability, defined as three (3) or more payment failures within a single billing cycle or failures occurring in two (2) consecutive billing months.

5.3. Service Redirection & Reinstatement

If payment is not successfully received within seven (7) days, GrowInstantAI will temporarily suspend access to the Services, including redirecting hosted websites to a "Service Suspended" page. To restore service, the Customer must pay all outstanding balances plus a $25.00 Administrative Reinstatement Fee.

5.4. Repeat Delinquency

Accounts that require redirection more than twice (2) in any rolling 12-month period will be subject to an escalated Reinstatement Fee of $50.00 for all subsequent occurrences. Subscription Fees continue to accrue during any period of suspension.

6. Cancellations and Refunds

6.1. Subscription Cancellations

Subscriptions may be cancelled at any time via written notice, provided cancellation is received at least seven (7) days prior to the next billing date to avoid renewal. Cancellation becomes effective at the end of the then-current paid billing period.

6.2. Conditional Refund Policy (Growth Tier Only)

For "Growth" tier websites where a setup fee was paid upfront, GrowInstantAI offers a Conditional Money Back Guarantee. A refund of the setup fee may be requested only if all following criteria are met:

• The request is made during or immediately following the initial Site Preview Call;
• The request is made prior to the Customer submitting any edit requests or revisions;
• The request is made prior to the website being deployed or launched to a live domain.

6.3. Refund Exclusions

The Conditional Money Back Guarantee expressly excludes E-commerce websites, custom-quoted projects, and any project where the Customer has approved the preview or moved into the revision/editing phase. All setup, onboarding, and implementation fees for excluded projects are strictly non-refundable.

6.4. General Refund Policy

Except as expressly stated in Section 6.2, no refunds are provided for:

• Partial billing periods or unused time;
• Services where the Customer has already engaged in the revision or deployment process;
• Dissatisfaction with AI-generated outputs, technical performance, or third-party search engine results.

7. Chargebacks and Payment Disputes

7.1. Mandatory Internal Resolution

Customer agrees to contact GrowInstantAI at support@growinstantai.com and allow fourteen (14) days for internal resolution prior to initiating any chargeback or payment dispute with a bank.

7.2. Liability for Costs

Customer acknowledges that all payments made under these Terms are authorized, valid, and enforceable obligations. In the event of a chargeback or payment dispute initiated by the Customer (or by a third party on Customer's behalf), Customer shall be liable to GrowInstantAI for:

• The full original transaction amount;
• All fees imposed by payment processors or banks (typically $15.00 to $50.00 per instance); and
• Reasonable administrative costs incurred by GrowInstantAI in investigating and responding to the dispute, which may be up to $100.00 per occurrence depending on complexity and time required.

Customer agrees that initiating a chargeback without first providing GrowInstantAI a reasonable opportunity to resolve the issue constitutes a material breach. GrowInstantAI reserves the right to pursue recovery of all outstanding amounts through lawful means, including collection efforts or legal proceedings.

7.3. Immediate Termination

GrowInstantAI reserves the right to immediately suspend all Services upon receipt of a chargeback notice. Suspension shall remain in effect until the matter is resolved to GrowInstantAI's reasonable satisfaction.

7.4. Collection of Fees

GrowInstantAI reserves the right to pursue recovery of outstanding amounts and associated costs through lawful means, including collection efforts or legal proceedings.

8. Customer Data and Responsibilities

Customer retains ownership of Customer Data. Customer grants GrowInstantAI a limited worldwide license to host and process Customer Data solely to provide and improve the Services. GrowInstantAI retains all right, title, and interest in and to the Services, including all software, templates, and AI models.

9. Website Availability and SEO Disclaimer

GrowInstantAI does not guarantee website uptime, search engine rankings, or traffic levels. GrowInstantAI shall not be liable for any loss of traffic, ranking, revenue, or business opportunity arising from suspension, downtime, or technical issues.

10. Artificial Intelligence Disclaimer

AI-generated outputs are automated and probabilistic. Outputs are not guaranteed to be accurate and do not constitute professional advice. Customer must independently review all AI outputs prior to reliance.

11. Limitation of Liability

To the maximum extent permitted by law, GrowInstantAI shall not be liable for indirect, incidental, or consequential damages. GrowInstantAI's total aggregate liability shall not exceed the fees paid by the customer in the three (3) months immediately preceding the claim.

12. Indemnification

Customer agrees to indemnify and hold harmless GrowInstantAI from claims arising from Customer's use of the Services, Customer Data, or violation of applicable law.

13. Termination and Data Retention

GrowInstantAI may terminate access for breach, misuse, or non-payment. If non-payment continues for thirty (30) days following suspension, GrowInstantAI will permanently delete hosted websites, Customer Data, and content.

Should a Customer request data recovery after the 30-day period, a Legacy Recovery Fee (a reasonable data recovery fee which may be up to $150.00 depending on complexity) will apply. Restoration is subject entirely to data availability in GrowInstantAI's archives.

14. Taxes

Prices exclude VAT, sales tax, or other applicable taxes unless expressly stated. Customer is responsible for all applicable taxes imposed by its jurisdiction.

15. Amendments

GrowInstantAI may update these Terms from time to time. Continued use of the Services constitutes acceptance of the revised Terms.

16. Governing Law and Legal Fees

For Customers located in the United States or Canada, these Terms are governed by the laws of the State of Delaware. For Customers located in the United Kingdom, these Terms are governed by the laws of England and Wales. Any dispute shall be brought in the applicable governing jurisdiction above.

In any action to enforce these Terms, including the collection of unpaid Fees or Chargeback costs, the prevailing party shall be entitled to recover its reasonable attorney's fees and costs.

17. Build, See, Buy (BSB) Program Terms

17.1. Program Nature

Under the Build, See, Buy ("BSB") offer, GrowInstantAI may elect to build a website preview prior to the initial setup fee being processed. This is a conditional offer and is subject to the following strict requirements:

17.2. Customer Cooperation & Data Submission

To qualify for the BSB turnaround time, Customer must provide all requested business information, logos, and high-resolution photography within twenty-four (24) hours of card placement. GrowInstantAI is not responsible for missed preview deadlines resulting from Customer's delay in providing necessary assets.

17.3. The Seven-Day Authorization

By providing card details under the BSB offer, Customer authorizes GrowInstantAI to:

• Place a temporary authorization hold on the card; and
• Automatically process the full Setup Fee and initial Subscription Fee seven (7) days after the card is placed on file, regardless of whether a preview call has occurred, unless the order is cancelled by the Customer prior to that date.

17.4. Acceleration of Payment (The "Preview Trigger")

The seven-day trial period is a maximum window. Customer acknowledges and agrees that the following actions constitute a Waiver of the Trial Period and immediate authorization to process all Fees:

• Site Approval: Verbal or written approval of the website during the Preview Call;
• Edit Requests: Any request for design revisions, content changes, or "edits" following the initial preview; or
• Deployment: Any request to point a domain or make the website live.

GrowInstantAI will not perform manual edits, custom design work, or site deployment until the Setup Fee has been successfully processed.

17.5. Right to Decline

If, during the initial Preview Call, the Customer determines the website does not meet their needs, they may decline the purchase. In this event, the order will be cancelled, no fees will be processed, and the Customer shall have no right to the design, layout, or content produced by GrowInstantAI during the BSB period.