Terms of Service

GrowMyClub provides AI-assisted email and text campaigns, retention automations, a CRM and lead pipelines, a built-in dialer, integrations with PodPlay, CourtReserve, and Meta, and related reporting and attribution tools. To use the Service you must register an account, provide accurate information, be authorized to bind your club, and be at least 18 years old. You are responsible for all activity under your account and for keeping your credentials secure.

Early clubs may participate in our beta group. Beta features are provided “as is,” may be incomplete or change, and may be modified or discontinued at any time. Any beta pricing (for example, 20% off for the first 12 months for the first 50 clubs) applies only as offered at sign-up and is subject to these Terms.

• The platform subscription is billed monthly or annually as selected, plus pay-as-you-go charges for text and email messaging based on usage.
• Subscriptions renew automatically for successive terms unless canceled before the renewal date. You may cancel at any time; cancellation stops future charges and takes effect at the end of the current billing period.
• Fees are exclusive of taxes, which you are responsible for. Except where required by law or expressly stated, payments are non-refundable, including for partial periods and unused messaging.
• We may change pricing on a prospective basis with notice; changes do not affect the current paid term.

“Client Data” means the data you upload to, or sync into, the Service, including your customers' names, email addresses, phone numbers, dates of birth, event and clinic check-in records, and booking and revenue information. As between the parties, you own and control Client Data and act as the data controller; GrowMyClub processes it as your service provider solely to provide the Service. You grant us a worldwide, non-exclusive license to host, process, and transmit Client Data for that purpose and to maintain aggregated, de-identified analytics.

You represent, warrant, and agree that:

• You have all rights, permissions, and consents necessary to collect Client Data and to provide it to us for processing, and to authorize us to send email and SMS to your customers on your behalf.
• Your collection and use of Client Data, and all messaging you send through the Service, comply with applicable laws and regulations, including the TCPA, CAN-SPAM, applicable state privacy and consumer-protection laws, and carrier, 10DLC, and messaging-platform requirements.
• You will obtain and honor opt-ins and opt-outs, maintain accurate consent records, and not message anyone who has withdrawn consent.
• Your use complies with the terms of any integration you connect (including PodPlay, CourtReserve, and Meta) and with our acceptable-use expectations below.

Acceptable use. You will not use the Service to send unlawful, deceptive, harassing, or unsolicited messages; to upload data you lack the right to use; to infringe intellectual-property or privacy rights; to transmit malware; or to attempt to disrupt, reverse engineer, or gain unauthorized access to the Service.

The Service integrates with third-party services such as PodPlay, CourtReserve, and Meta. Those services are controlled by third parties under their own terms and privacy policies, and their availability and data are outside our control. We are not responsible for third-party services, and your use of them is at your own risk.

GrowMyClub and StackEleven own all rights in the Service, including software, designs, and content (excluding Client Data). We grant you a limited, non-exclusive, non-transferable, revocable right to use the Service during your subscription. You receive no other rights, and you may not copy, modify, resell, or create derivative works from the Service. If you give us feedback, we may use it without restriction or obligation.

Each party may access the other's non-public information. Each party will protect the other's confidential information with reasonable care and use it only to perform under these Terms, except as required by law.

THE SERVICE IS PROVIDED “AS IS” AND “AS AVAILABLE,” WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. WE DO NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED, ERROR-FREE, OR SECURE, OR THAT ANY MARKETING, AI-GENERATED CONTENT, OR ATTRIBUTION WILL PRODUCE PARTICULAR RESULTS. YOU ARE RESPONSIBLE FOR REVIEWING AI-GENERATED CONTENT BEFORE IT IS SENT.

TO THE MAXIMUM EXTENT PERMITTED BY LAW, NEITHER GROWMYCLUB, STACKELEVEN, NOR THEIR AFFILIATES, OFFICERS, EMPLOYEES, OR SUPPLIERS WILL BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR FOR LOST PROFITS, REVENUE, DATA, OR GOODWILL, ARISING OUT OF OR RELATED TO THE SERVICE OR THESE TERMS, EVEN IF ADVISED OF THE POSSIBILITY. OUR TOTAL AGGREGATE LIABILITY FOR ALL CLAIMS RELATING TO THE SERVICE WILL NOT EXCEED THE AMOUNTS YOU PAID TO US FOR THE SERVICE IN THE TWELVE (12) MONTHS BEFORE THE EVENT GIVING RISE TO THE CLAIM. SOME JURISDICTIONS DO NOT ALLOW CERTAIN LIMITATIONS, SO SOME OF THE ABOVE MAY NOT APPLY TO YOU.

You will defend, indemnify, and hold harmless GrowMyClub, StackEleven, and their affiliates, officers, and employees from and against any claims, damages, liabilities, losses, and expenses (including reasonable attorneys' fees) arising out of or related to: (a) Client Data; (b) your messaging, marketing, or other use of the Service; (c) your violation of these Terms or applicable law (including consent, TCPA, CAN-SPAM, and privacy requirements); or (d) your violation of any third-party right or integration terms.

These Terms apply while you use the Service. You may stop using and cancel at any time. We may suspend or terminate the Service or your account if you breach these Terms, fail to pay, or create risk or legal exposure for us or others. Upon termination, your right to use the Service ends. Sections that by their nature should survive — including data ownership, disclaimers, limitation of liability, indemnification, and governing law — survive termination.

These Terms are governed by the laws of the State of Maryland, without regard to conflict-of-law rules. Any dispute arising out of or relating to these Terms or the Service will be resolved by binding arbitration administered in Maryland under the rules of a recognized arbitration body, on an individual basis. You and we waive any right to a jury trial and to participate in a class or representative action. Either party may seek injunctive relief in court for misuse of intellectual property or confidential information. If arbitration is found not to apply, the state and federal courts located in Maryland will have exclusive jurisdiction.

We may update these Terms from time to time. We will revise the “Last updated” date and, for material changes, provide reasonable notice. Your continued use of the Service after changes take effect constitutes acceptance.

These Terms, together with our Privacy Policy, are the entire agreement between you and us regarding the Service. If any provision is found unenforceable, the rest remains in effect. We may assign these Terms in connection with a merger, acquisition, or sale of assets; you may not assign them without our consent. Our failure to enforce a provision is not a waiver. Neither party is liable for delays or failures caused by events beyond its reasonable control.

Questions about these Terms can be sent to cwicklund@joola.com.