7xGrowth Terms of Service

Effective date: September 8, 2025

These Terms of Service (the “Terms”) govern your access to and use of the digital marketing services provided by 7xGrowth.com ("7xGrowth," “we,” “us,” or “our”). By purchasing, accessing, or using any Service, you agree to be bound by these Terms, the Refund Policy (incorporated by reference), and any applicable Master Services Agreement (“MSA”) and/or Statement of Work (“SOW”). If there is a conflict, the order of precedence is: (1) a signed MSA, (2) a signed SOW, (3) these Terms, and (4) the Refund Policy, except where non‑waivable law provides otherwise.

1) Definitions

• Services: Digital marketing services we provide, including strategy, SEO, paid ads management, social media management, content, email marketing, analytics/CRO, and web/landing page design & development.

• Management Fees: Fees paid to 7xGrowth for our time, expertise, and services.

• Ad Spend / Third‑Party Platform Fees: Amounts you pay directly to advertising platforms or other vendors; not paid to 7xGrowth.

• Retainer: Ongoing monthly subscription for a package of Services.

• Project: Fixed‑scope, milestone‑based engagement with defined deliverables.

• SOW: The written scope, deliverables, milestones, timelines, assumptions, and commercial terms agreed by both parties.

For clarity on fees we do not handle, see Section 5 (Third‑Party Platforms) and the Refund Policy §1–4.

2) Eligibility & Account Administration

You represent and warrant that you (a) have the authority to bind the entity on whose behalf you are entering these Terms; (b) will provide accurate information; and (c) will maintain administrative control over the assets, accounts, and permissions required for the Services. You are responsible for safeguarding credentials and promptly notifying us of any unauthorized access.

3) Scope of Services & Changes

The scope, deliverables, timing, and assumptions for each engagement will be described in the applicable SOW. Any material change requests require a written change order and may affect fees and timelines. If a requested change impacts dependencies or third‑party approvals, the delivery schedule will be reasonably adjusted.

4) Fees, Invoicing & Taxes

• Management Fees are invoiced as set out in the SOW or, for Retainers, monthly in advance unless stated otherwise.

• Payment Terms: Due upon receipt unless the SOW specifies different terms. Late amounts may accrue interest at the lesser of 1.5% per month or the maximum allowed by law. You are responsible for bank/processor fees, currency conversion, and applicable taxes.

• No Mark‑Ups on Ad Spend: We never mark up platform bills or take custody of Ad Spend.

• Out‑of‑Pocket Costs: Pre‑approved expenses and software/tooling provisioned for your accounts are billable.

See also Refund Policy §3–4.

5) Third‑Party Platforms & Ad Spend

You connect your own payment method(s) to advertising and related platforms (e.g., Google, Meta, LinkedIn, ESP/SMS providers). Those platforms bill you directly for Ad Spend / Third‑Party Platform Fees. As we never receive those funds, they are outside the scope of any refund from us. Platform billing pauses or policy actions that are outside our control do not create eligibility for refunds of Management Fees. See Refund Policy §1–4, §5 (Platform billing failures).

6) Retainers & Cancellations (Distinct Policy Section)

• Billing Cycle: Monthly in advance unless stated otherwise in the SOW.

• How to Cancel: You may cancel a Retainer with 30 days’ written notice to ojas@7xgrowth.com. Cancellation is effective at the end of the current billing cycle or 30 days from notice—whichever is later, unless your contract says otherwise.

• Current‑Cycle Work: Hours allocated or work performed in the current cycle are not refundable. Unused hours do not roll over unless the SOW explicitly allows it.

Refund outcomes tied to cancellation are governed by the Refund Policy §5.

7) Projects: Milestones, Acceptance & Cancellation (Distinct Policy Section)

• Milestones: Project fees may be tied to milestones/deliverables per the SOW.

• Acceptance / Rework: You will have a 10 business day review window from delivery to report material non‑conformities to the SOW. We will clarify requirements and provide up to two rounds of reasonable revisions to meet scope. See Refund Policy §6 and §8.

• Cancellation / Refunds:

  • Milestones not yet started: eligible for refund of the Management Fee portion for that milestone, less any non‑refundable items.

  • Milestones in progress: we may provide a partial refund proportional to unperformed work (time logs and % completion) or rework to SOW.

  • Completed milestones: no refund; defects will be fixed if reported within the review window.

8) Refunds (Distinct Policy Section)

Our Refund Policy (Effective September 8, 2025) is incorporated by reference and controls all refund scenarios. Highlights:

• Initial Retainer (first 14 days): Potential refund of unused Management Fees if no deliverables have been delivered and no significant time has been spent (per time logs).

• After Day 14 or Renewals: Prorated refunds only for unused periods after the effective cancellation date and only if no work has been performed against those future periods.

• Non‑Refundable Items: Ad Spend/third‑party fees, software/tools/licenses, delivered creative/content/code, strategy/discovery/setup work, rush fees, pre‑approved out‑of‑pocket costs, bank/processor fees, currency conversion, and taxes.

For process and timing, see Refund Policy §11–12.

9) Client Responsibilities

Your timely provision of access, approvals, brand assets, and content is essential. Refund eligibility may be reduced or voided for delays or scope gaps caused by: (a) missing or late inputs; (b) material scope changes without a signed change order; (c) pauses you request that extend beyond 15 days without a mutually agreed revised timeline. See Refund Policy §9.

10) Intellectual Property

• Your Materials: You retain ownership of your pre‑existing content, trademarks, data, and accounts. You grant us a limited license to use these solely to perform the Services.

• Work Product: Except as stated in the SOW, upon full payment of amounts due for a deliverable, you receive a worldwide, non‑exclusive, royalty‑free license to use the deliverable for your internal business purposes. Open‑source or third‑party components remain subject to their respective licenses.

• Portfolio Use: Unless you opt out in writing, you grant us permission to reference your company name/logo and non‑confidential summaries of the engagement in our portfolio and marketing materials.

11) Confidentiality & Data Protection

Each party will protect the other’s Confidential Information with at least reasonable care and use it only for purposes of the engagement. If we process personal data on your behalf, the parties will enter into any required data processing terms. You are responsible for ensuring that tracking/analytics implementations comply with applicable privacy laws and platform policies.

12) Compliance & Platform Policies

You are responsible for complying with applicable laws (including advertising, privacy, and consumer protection) and third‑party platform policies. We may refuse or suspend activities we reasonably believe violate laws or platform rules.

13) Warranties & Disclaimers

EXCEPT AS EXPRESSLY SET OUT IN AN MSA/SOW, THE SERVICES ARE PROVIDED “AS IS.” WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON‑INFRINGEMENT. Results are not guaranteed unless a written guarantee is expressly stated in the SOW; where performance targets exist, the SOW will specify the exclusive remedies. See also Refund Policy §7.

14) Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, NEITHER PARTY WILL BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, COVER, OR PUNITIVE DAMAGES, OR FOR LOST PROFITS, REVENUE, GOODWILL, OR DATA, EVEN IF ADVISED OF THE POSSIBILITY. OUR TOTAL LIABILITY FOR ALL CLAIMS IN THE AGGREGATE WILL NOT EXCEED THE AMOUNTS PAID OR PAYABLE BY YOU TO US FOR THE SERVICES GIVING RISE TO THE CLAIM IN THE THREE (3) MONTHS PRECEDING THE EVENT FIRST GIVING RISE TO LIABILITY.

15) Indemnification

You will defend, indemnify, and hold harmless 7xGrowth and its personnel from third‑party claims arising out of (a) your content, products, or services; (b) your misuse of the Services; or (c) your violation of laws or third‑party rights.

16) Term, Suspension & Termination

These Terms apply from the Effective Date and continue while you use the Services. We may suspend or limit Services if invoices are overdue, credentials are compromised, or activities violate laws or platform policies. Either party may terminate for material breach not cured within 10 business days after written notice. Termination does not affect accrued rights or payment obligations. Refund/cancellation consequences are governed by the Refund Policy.

17) Chargebacks & Disputes

Before initiating a chargeback, you agree to first contact ojas@7xgrowth.com or your CSM so we can investigate. Unfounded chargebacks on valid invoices may result in suspension of Services; we may dispute such chargebacks with documentation. See Refund Policy §10.

18) Force Majeure

Neither party is liable for delays or failure to perform due to events beyond reasonable control (e.g., outages, labor disputes, acts of government, natural disasters), provided the affected party uses reasonable efforts to mitigate and resume performance.

19) Notices

Notices must be in writing and sent to the addresses below (or as updated in writing). Email is sufficient for routine operational communications and for cancellation notices as specified.

• Legal/Refunds: ojas@7xgrowth.com

• General Support: care@7xgrowth.com

• Registered Indian Address: #83 (First Floor), Panchkula Shopping Complex, Peer Muchalla Rd, Dhakoli, Zirakpur, India

• Registered US Address: 31846 Alvarado Blvd, Union City, CA 94587, United States

20) Governing Law & Venue

The governing law and venue are as set forth in your MSA/SOW. If none is specified, these Terms are governed by the laws of India, and the courts located in Chandigarh (Union Territory), India shall have exclusive jurisdiction, excluding conflict‑of‑law principles. Mandatory consumer rights under applicable law are not limited by this clause.

21) Changes to These Terms

We may update these Terms from time to time. The Effective Date above shows when changes take effect. Material changes will be communicated via email or our website. Continued use of the Services after changes become effective constitutes acceptance of the updated Terms.

22) Miscellaneous

These Terms constitute the entire agreement regarding their subject matter (subject to the precedence order stated above). No waiver is effective unless in writing. If any provision is held unenforceable, the remainder remains in effect. You may not assign these Terms without our prior written consent; we may assign to an affiliate or in connection with a merger, acquisition, or sale of assets. Nothing herein creates a partnership, joint venture, or agency relationship.

Incorporated by Reference

• Refund Policy (Effective September 8, 2025) — governs all refund and cancellation outcomes and processes described herein.

If you have questions about these Terms, contact ojas@7xgrowth.com or care@7xgrowth.com.