Terms of Service

These Terms of Service (“Terms”) govern your use of thegrowthlayer.com (the “Site”) and your engagement with services provided by The Growth Layer LLC (“The Growth Layer,” “we,” “us”). By accessing the Site or engaging our services, you agree to these Terms. If you do not agree, do not use the Site or our services.

1. About Our Services

The Growth Layer provides growth marketing strategy, creative execution, media buying, AI transformation, growth infrastructure, and related services for consumer and B2B brands. The Site is provided for informational and promotional purposes. We do not deliver client services through the Site — service delivery is governed by separate client engagement agreements.

2. Client Engagements

Specific service scope, deliverables, fees, timelines, and terms for client engagements are defined in individual statements of work (SOWs) and master service agreements (MSAs). Those agreements control in the event of any conflict with these Terms.

Client data. When you engage us as a client, you grant The Growth Layer a limited, non-exclusive license to access and use your data, platforms, and accounts solely to deliver the agreed services. We will not use your data for any other purpose, and we will not use your data to train third-party AI models.

You retain ownership of your data at all times. Upon termination of our engagement, we will return or delete your data per the terms of your engagement agreement.

3. AI-Assisted Services

Our services include AI-assisted workflows for strategy development, content creation, data analysis, creative production, campaign automation, and reporting. We use AI tools including large language models, AI agents, and automation platforms as part of our standard operating model.

AI-generated outputs are reviewed by our team before delivery. We do not guarantee specific outcomes from AI-assisted work. All AI outputs are professional recommendations subject to human review and, where applicable, client approval before execution.

We will not use client data to train AI models. We process client data in AI tools only under data processing agreements that include appropriate protections and explicit prohibitions on model training.

4. Intellectual Property

Our IP. All content on the Site — including text, graphics, logos, design, frameworks, and software — is owned by or licensed to The Growth Layer and protected by applicable intellectual property laws. Nothing in these Terms grants you any rights in our content beyond what is necessary to access and use the Site for its intended purpose. Use of any trademarks on the Site is strictly prohibited without our prior written permission.

Our systems and infrastructure. The Growth Layer retains exclusive ownership of all proprietary systems, processes, strategies, AI systems and agent architectures, hardware configurations, technical architectures, data infrastructure, operating frameworks, automation workflows, and any other tools or infrastructure we build, configure, or deploy — including those built or configured in connection with a client engagement — unless ownership is explicitly transferred in a signed written agreement between the parties. Engaging our services does not transfer ownership of, or grant any license to, our underlying systems, processes, or infrastructure.

Our methodologies. Our proprietary frameworks, methodologies, templates, models, and tools — including the 5-Layer Growth Diagnosis, CAC Quality Scorecard, AI Growth Stack, and similar assets — remain our intellectual property regardless of how they are used in client engagements.

Client work product. Work product created specifically for a client under a paid engagement is owned by that client upon receipt of full payment, as specified in the applicable SOW. Pre-existing materials, general methodologies, systems, tools, AI architectures, and infrastructure we develop or configure independently or for use across multiple engagements are not client property, even if used or relied upon during your engagement. Any transfer of intellectual property rights — including rights to systems, processes, strategies, or infrastructure — requires an explicit written IP assignment signed by both parties.

5. Website Use

You may access and use the Site for lawful, personal, and non-commercial informational purposes. You may not:

• Use automated tools, bots, scrapers, or crawlers to extract Site content for commercial purposes
• Copy, reproduce, publish, or distribute Site content without our prior written permission
• Attempt to gain unauthorized access to any part of the Site, its servers, or connected systems
• Transmit malware, viruses, or code designed to damage or interfere with the Site
• Use the Site for unlawful, fraudulent, harassing, or abusive purposes
• Impersonate The Growth Layer or any of its personnel
• Frame the Site within another website without our written consent

We reserve the right to suspend or terminate access to the Site at any time without notice. The Site is provided free of charge and on a temporary basis.

6. Confidentiality

We treat all client information as confidential and do not disclose it to third parties except as necessary to deliver contracted services, comply with legal requirements, or with your express consent.

Clients agree to maintain confidentiality of our proprietary methodologies, pricing, non-public business information, and any materials reasonably understood to be confidential.

7. No Guarantee of Results

Growth marketing and AI transformation involve inherent uncertainty. We apply expertise, tested frameworks, and rigorous experimentation to maximize results, but we make no guarantees of specific revenue, customer acquisition cost, return on ad spend, lead volume, conversions, or any other performance outcome. Actual results depend on many factors outside our control, including market conditions, competitive dynamics, offer economics, media pricing, and your own business operations.

8. Disclaimer of Warranties

THE SITE AND ITS CONTENT ARE PROVIDED “AS IS” AND “AS AVAILABLE” WITHOUT ANY WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, OR ACCURACY. WE DO NOT WARRANT THAT THE SITE WILL BE UNINTERRUPTED, ERROR-FREE, OR FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. USE OF THE SITE IS AT YOUR SOLE RISK.

9. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE GROWTH LAYER SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING LOSS OF PROFITS, REVENUE, DATA, GOODWILL, OR BUSINESS OPPORTUNITY, ARISING OUT OF OR RELATED TO YOUR USE OF THE SITE OR OUR SERVICES, HOWEVER CAUSED AND REGARDLESS OF THE THEORY OF LIABILITY.

FOR CLAIMS ARISING OUT OF CLIENT SERVICE ENGAGEMENTS, OUR TOTAL CUMULATIVE LIABILITY IS LIMITED TO THE FEES PAID BY YOU IN THE THREE (3) MONTHS IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO THE CLAIM. FOR CLAIMS ARISING FROM SITE USE ONLY (NO SERVICE ENGAGEMENT), OUR MAXIMUM LIABILITY IS $500. THESE LIMITATIONS APPLY EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

10. Indemnification

You agree to indemnify, defend, and hold harmless The Growth Layer, its members, officers, employees, and agents from any claims, damages, losses, liabilities, costs, and expenses (including reasonable attorneys’ fees) arising from: (a) your use of the Site in violation of these Terms; (b) your violation of any third-party rights; or (c) any information you submit through the Site that is inaccurate or misleading.

11. Third-Party Links and Services

The Site may contain links to third-party websites. We are not responsible for the content, availability, or practices of any third-party site. Links do not imply endorsement. Third-party services used in connection with our services (ad platforms, analytics tools, scheduling software) are governed by their own terms and privacy policies.

12. Governing Law

These Terms are governed by the laws of the State of New York, without regard to its conflict-of-law provisions. For client service engagements, the governing law is as specified in the applicable SOW or MSA.

13. Dispute Resolution

Informal resolution. Before initiating any formal proceeding, contact us at legal@thegrowthlayer.com and give us 30 days to resolve the dispute informally.

Binding arbitration. If informal resolution fails, disputes shall be resolved by binding arbitration under the Commercial Arbitration Rules of the American Arbitration Association (AAA), conducted in New York, NY. The arbitrator’s decision will be final and binding. You waive any right to a jury trial or class action.

Exceptions. Either party may seek injunctive or equitable relief in a court of competent jurisdiction in New York for claims involving intellectual property infringement, breach of confidentiality, or matters where monetary damages would be an inadequate remedy.

14. Force Majeure

We will not be liable for delays or failures in performance resulting from circumstances outside our reasonable control, including natural disasters, governmental actions, labor disputes, internet outages, third-party platform failures, or other force majeure events.

15. Miscellaneous

Entire agreement. For website use, these Terms are the entire agreement between you and The Growth Layer regarding the Site. For service engagements, the applicable SOW/MSA governs and supersedes these Terms to the extent of any conflict.

Severability. If any provision is found invalid or unenforceable, it will be modified to the minimum extent necessary to make it enforceable; the remaining provisions remain in full force.

No waiver. Our failure to enforce any right or provision shall not constitute a waiver of that right or provision.

16. Changes to These Terms

We may update these Terms periodically. Changes will be posted here with a new effective date. For material changes, we will notify you by email (for subscribers) or prominent site notice. Continued use of the Site after changes are posted constitutes acceptance.

17. Contact

The Growth Layer LLC
legal@thegrowthlayer.com

For questions about these Terms or our services.