Effective Date: 4/6/25

These Terms of Service (“Terms”) govern your access to and use of the Mertix Promotions LLC website at www.growboostercrm.com and any other associated sites, platforms, or services operated or controlled by Mertix Promotions LLC dba Growth Booster CRM (“Growth Booster CRM,” “we,” “us,” or “our”). By accessing or using our services, you agree to be bound by these Terms. If you do not agree, please do not use our services.

1. Acceptance of Terms

By using our services, you affirm that you have read, understood, and agree to be bound by these Terms, as well as by any additional policies referenced herein (including our Privacy Policy, Anti-Spam Policy, DMCA Compliance, FTC Compliance, and Social Media Disclosure). Your continued use of our services constitutes your acceptance of any modifications to these Terms.

2. Eligibility

You must be at least 18 years old to use our services without adult supervision. By using our services, you represent and warrant that you have the legal capacity to enter into a binding contract and that you are not otherwise prohibited from using our services under any applicable law.

3. Description of Services

Growth Booster CRM provides a suite of digital marketing, branding, and customer relationship management solutions designed to help small and medium-sized businesses enhance their marketing efforts, build their brand, and engage with customers effectively. Our services include, but are not limited to:

  • Marketing and promotional activities

  • Branding strategy and creative services

  • CRM functionalities for managing customer interactions

  • Data analytics and reporting

  • Automated messaging (including A2P SMS/voice communications)

These services are provided on an “as-is” and “as available” basis. We reserve the right to modify, suspend, or discontinue any aspect of our services at any time without prior notice.

4. Account Registration and Security

  • Account Creation:
    To access certain features of our services, you may be required to register for an account. You agree to provide accurate, current, and complete information during registration and to update that information as needed.

  • Account Security:
    You are responsible for maintaining the confidentiality of your account credentials. All activities that occur under your account are your responsibility. If you suspect any unauthorized use, please contact us immediately.

  • Account Termination:
    We reserve the right to suspend or terminate your account at our sole discretion if you breach these Terms, engage in fraudulent or harmful activities, or if your account becomes delinquent in payment. In the event of non-payment, you will be notified and given a 10-day grace period to settle any outstanding balance before your account is terminated.

5. A2P Messaging, Consent, and Opt-Out

  • A2P Opt-In Disclosure:
    By providing your mobile phone number during registration or through our services, you expressly consent to receive recurring, automated marketing messages (via A2P SMS and/or voice calls) from Growth Booster CRM. Standard message and data rates may apply.

  • Frequency and Message Content:
    Automated messages may be sent at varying intervals based on your interactions with our services. These messages are intended for marketing and service-related purposes.

  • Third-Party Processing:
    Your mobile phone number may be processed by our third-party service providers to facilitate these communications. We take appropriate measures to safeguard your data as described in our Privacy Policy.

  • Opt-Out Instructions:
    You may opt out of receiving automated marketing messages at any time by replying “STOP” to any such message. Upon receiving your opt-out request, we will promptly remove your mobile number from our messaging list.

6. Payment, Subscriptions, and Refunds

  • Payment Terms:
    Our services may be offered on a subscription basis. By subscribing, you authorize us to charge your designated payment method for the applicable fees. All subscription fees are non-refundable, and no prorated refunds will be provided for partial subscription periods.

  • Automatic Renewal:
    Subscriptions automatically renew at the end of each billing cycle at the prevailing rate unless you cancel prior to the renewal date.

  • Non-Payment:
    In the event of non-payment, your account may be suspended or terminated after a 10-day grace period following written notice.

  • Payment Processing:
    All payment transactions are processed exclusively by Stripe. We do not collect or store payment information on our systems. Please refer to Stripe’s Privacy Policy for details on how your payment information is managed.

7. Intellectual Property

All content, trademarks, service marks, logos, graphics, text, images, audio, video, data compilations, and software provided through our services are the exclusive property of Mertix Promotions LLC or its licensors. You are granted a limited, non-exclusive, non-transferable, and revocable license to access and use our services solely for your internal business purposes. You may not copy, modify, distribute, or otherwise use any content without our express written consent.

8. Use of the Services

  • Permitted Uses:
    You agree to use our services solely for lawful purposes and in a manner consistent with these Terms. You shall not use the services in any way that may damage, disable, overburden, or impair our infrastructure or interfere with other users’ access.

  • Prohibited Conduct:
    Prohibited activities include, but are not limited to, unauthorized access, transmitting harmful code, abusing our messaging features, and violating any applicable laws.

9. Third-Party Services and Links

Our services may incorporate third-party tools and platforms to enhance your experience. These third-party services have their own privacy policies and terms, and we are not responsible for their practices. By using our services, you acknowledge that such third-party tools are beyond our direct control.

10. Disclaimers and Limitation of Liability

  • Disclaimer of Warranties:
    Our services are provided “as-is” and “as available” without any warranties, express or implied, including warranties of merchantability, fitness for a particular purpose, or non-infringement. We do not guarantee that our services will be uninterrupted, error-free, or secure.

  • Limitation of Liability:
    In no event shall Mertix Promotions LLC, its affiliates, or its respective officers, directors, employees, or agents be liable for any indirect, incidental, special, consequential, or punitive damages arising out of your use of our services. This limitation applies regardless of the cause of action and even if we have been advised of the possibility of such damages.

11. Indemnification

You agree to indemnify, defend, and hold harmless Mertix Promotions LLC, its affiliates, and their respective officers, directors, employees, and agents from any claims, liabilities, damages, losses, and expenses (including reasonable attorneys’ fees) arising out of your use of our services or your breach of these Terms.

12. Dispute Resolution

  • Binding Arbitration:
    Any disputes, claims, or controversies arising from these Terms or your use of our services shall be resolved exclusively through binding arbitration administered by the American Arbitration Association in accordance with its Commercial Arbitration Rules.

  • Location:
    Arbitration proceedings shall be held in Dunedin, Florida, or within Pinellas County, Florida, at our discretion.

  • Class Action Waiver:
    You agree that any disputes will be resolved on an individual basis only, and you waive your right to participate in any class or collective action.

  • Finality:
    The arbitration process is final and binding, and no appeal shall lie therefrom except as provided by applicable law.

13. Governing Law

These Terms shall be governed by and construed in accordance with the laws of the State of Florida, without regard to its conflict of law principles. You consent to the exclusive jurisdiction and venue of the courts located in Dunedin, Florida, for any disputes not subject to arbitration.

14. Changes to These Terms

We reserve the right to modify or update these Terms at any time. Any changes will be effective immediately upon posting the updated Terms on our website. Your continued use of our services after such modifications constitutes your acceptance of the revised Terms. We recommend reviewing these Terms periodically.

15. Additional Disclosures

Certain additional legal policies—such as our Anti-Spam Policy, DMCA Compliance, FTC Compliance, and Social Media Disclosure—are incorporated by reference and form an integral part of these Terms. Please review those policies on our website to fully understand our practices regarding unsolicited communications, copyright enforcement, advertising disclosures, and social media interactions.

16. Contact Information

If you have any questions or concerns regarding these Terms of Service, please contact us at:

 

Mertix Promotions LLC
1497 Main St., Ste 236
Dunedin, FL 34698