These Terms explain the rules for using our website, marketing services and apps, written to be as clear as possible.
1. About these terms
These Terms of Service (“Terms”) are an agreement between you and Grow204 (“Grow204”, “we”, “us”), based in Winnipeg, Manitoba, Canada. They apply when you use grow204.ca and our free tools (the “Website”), buy our marketing services (the “Services”), or use the Grow204 apps at app.grow204.ca, such as Review Manager (the “Apps”).
By using the Website, signing a proposal or order, or creating an account, you agree to these Terms and our Privacy Policy. If you accept on behalf of a business, you confirm that you are at least 18 and have authority to bind that business, and “you” means that business. Our Services and Apps are intended for business use.
If a signed proposal, quote or order form (an “Order”) says something different from these Terms, the Order applies for that engagement.
2. Our marketing services
We provide the Services described in your plan or Order, such as website development, SEO, Google Business Profile management, paid ads management, social media management and video editing. We will perform them with reasonable skill and care.
No guaranteed results. Search rankings, reviews, followers, leads and ad performance depend on many things outside our control, including search engine and platform algorithms, competitors and your business itself. We do not guarantee any particular ranking, number of reviews, traffic or sales.
Work outside your plan or Order, such as extra pages, extra revisions or rush work, may be quoted and billed separately after you approve it.
3. App accounts
- Give accurate information and keep it up to date.
- Keep your login details secure and don't share accounts. You are responsible for activity under your account.
- Tell us right away at hello@grow204.ca if you believe your account has been accessed without permission.
- You may invite team members. You are responsible for their use of the Apps.
4. Plans, billing and cancellation
- Prices are in Canadian dollars and do not include taxes. GST and, where it applies, PST or HST are added based on your province.
- Monthly plans are billed in advance and renew each month until cancelled.
- Monthly plans have no long-term contract. To cancel, give us 30 days' notice by email so we can finish scheduled work. App subscriptions can be cancelled from your account or by email and end at the close of the current billing period.
- Fees already paid are not refundable for partial months or unused features, except where required by law or stated in your Order.
- Advertising spend is paid by you directly to the ad platform, such as Google or Meta, and is not included in our fees. You are responsible for your ad accounts' balances and billing.
- One-time projects, such as a website build, are billed as set out in your Order, which may include a deposit.
- If a payment is late, we may pause Services or App access after giving you notice, until the balance is paid.
- We may change prices with at least 30 days' notice. Changes apply from your next billing period after the notice.
5. Your responsibilities
- Give us timely access, information, approvals and feedback. Delays on your side may delay delivery.
- Make sure you have the rights to the logos, photos, videos, text and other materials you give us, and that our use of them for your Services will not infringe anyone's rights.
- Review and approve content before it is published when we ask you to. Approved content is your responsibility.
- Make sure your business information, offers and claims are accurate and lawful.
6. Customer messages, consent and reviews
When you use the Apps to contact your customers, you are the sender and you must follow the law and platform rules. In particular, you agree to:
- only message people who have given the consent required by Canada's Anti-Spam Legislation (CASL) and other applicable laws, and keep records of that consent;
- honour unsubscribe and STOP requests and never re-add customers who opted out;
- follow review platform policies, including Google's review policies: do not offer discounts, gifts or other incentives for reviews, do not ask only customers you expect to be happy (“review gating”), and do not post, buy or ask for fake reviews, including reviews of competitors; and
- not make false or misleading claims, including fake testimonials, which can break Canada's Competition Act.
We may suspend messaging features if we see signs of spam, complaints or policy violations.
7. Acceptable use
You must not use the Website, Services or Apps to:
- break any law or anyone else's rights, including privacy and intellectual property rights;
- send spam, harass people or upload harmful, hateful or illegal content;
- upload viruses or try to access other customers' data, our systems or accounts you are not authorized to use;
- scrape, copy, resell or reverse-engineer the Apps, or overload them with automated requests; or
- misuse connected accounts, such as a Google Business Profile you are not authorized to manage.
8. AI-generated content
Some features use artificial intelligence to draft content, such as replies to reviews. AI drafts can be inaccurate, incomplete or unsuitable. Review and edit every draft before you publish it. You are responsible for content you choose to publish, and you should not include private or sensitive customer information in replies.
9. Third-party platforms
The Services and Apps work with platforms we do not control, such as Google, Meta, TikTok, payment processors and messaging providers. Your use of those platforms is governed by their own terms. Their features, policies, fees and availability can change at any time, and we are not responsible for their outages, decisions (such as suspending an account or removing reviews) or changes that affect the Services.
10. Ownership and intellectual property
- Your materials stay yours. You give us permission to use them only to provide the Services and Apps to you.
- Work we create for you, such as posts, edited videos, graphics and website content, becomes yours once it has been paid for, unless your Order says otherwise. Stock assets, fonts and third-party tools keep their own licences.
- Our tools and know-how, including the Apps, software, templates, processes and reports, remain owned by Grow204. You get a limited, non-transferable right to use the Apps during your subscription.
- Portfolio: we may show work we created for you, and your business name, in our portfolio and marketing unless you ask us not to.
11. Confidentiality
Each of us will keep the other's non-public business information confidential and use it only for our work together, except where disclosure is required by law. Account logins you share with us are used only to deliver the Services, and you can change or revoke them at any time.
12. Free tools
Our free tools, such as the sales tax calculator and QR code generator, are provided for convenience and general information only. Results are not tax, legal or financial advice. Please check important figures with a qualified professional.
13. Disclaimer
Except as set out in these Terms and to the extent permitted by law, the Website, free tools and Apps are provided “as is” and “as available”. We do not promise they will be uninterrupted or error-free, and we do not give any other warranties or conditions, express or implied, including fitness for a particular purpose.
14. Limitation of liability
To the maximum extent permitted by law:
- we are not liable for indirect, incidental, special or consequential losses, or for lost profits, revenue, data, reviews, rankings or goodwill; and
- our total liability for any claim relating to the Website, Services or Apps is limited to the fees you paid us in the 3 months before the event that caused the claim.
Nothing in these Terms limits liability that cannot legally be limited, such as for fraud.
15. Indemnity
You agree to cover our reasonable losses and costs, including legal fees, from claims by others that arise from your materials, your messages to your customers, your content or your breach of these Terms or the law.
16. Suspension and termination
You can stop using the Services and Apps as described in Plans, billing and cancellation. We may suspend or end your access if you seriously or repeatedly break these Terms, do not pay, or if required by law, and we will give notice where reasonable.
After your account ends, you have 30 days to ask us for an export of your data. After that we delete it as described in our Privacy Policy. Sections that by their nature should survive, such as payment obligations, ownership, liability and governing law, continue to apply.
17. Changes to these terms
We may update these Terms. We will post the new version here with a new date and, for significant changes, notify account holders at least 30 days in advance. If you keep using the Services or Apps after changes take effect, you accept the updated Terms.
18. Governing law
These Terms are governed by the laws of Manitoba and the federal laws of Canada that apply there. Any dispute will be handled by the courts of Manitoba, sitting in Winnipeg, unless the law where you are located requires otherwise. We will always try to resolve concerns informally first, so please contact us before starting any formal process.
19. General
- These Terms, your Order and our Privacy Policy are the whole agreement between us about their subject.
- If any part is found unenforceable, the rest stays in effect.
- Neither of us is responsible for delays caused by events beyond reasonable control, such as outages, natural disasters or platform failures.
- You may not transfer these Terms without our consent. We may transfer them as part of a reorganization or sale of our business.
- Notices may be sent by email to the address on your account or Order, and to hello@grow204.ca for us.
20. Contact us
Questions about these Terms? Email hello@grow204.ca or write to Grow204, Winnipeg, Manitoba, Canada.
