Terms and Conditions of Service

1. Acceptance of Terms

1.1. By accessing or using the Service, you affirm that you are at least 18 years of age and have the legal capacity to enter into these Terms.

1.2. If you are using the Service on behalf of an organization, company, or other legal entity (“Organization”), you represent and warrant that you have the authority to bind that Organization to these Terms, and in such event, “you” and “your” will refer to that Organization. If you do not have such authority, or if you do not agree with these Terms, you must not accept these Terms and may not use the Service.

1.3. Your use of the Service may also be subject to Google’s Terms of Service, Google Business Profile Terms of Service, and the Google API Services User Data Policy, as applicable, which you are responsible for reviewing and complying with.

2. Definitions

2.1. “User” or “You”: Any individual or entity that accesses, registers for, or uses the Service, including any individuals you authorize to use the Service on your behalf.

2.2. “Content”: Any information, data, text, software, music, sound, photographs, graphics, video, messages, tags, or other materials.

2.3. “User Content”: Any Content that you or your authorized users submit, post, transmit, or otherwise make available through the Service, including data from your connected GMB profiles.

2.4. “Service Data”: Any data generated by the Service itself, or by your use of the Service, excluding User Content but including aggregated and anonymized data.

2.5. “Intellectual Property Rights”: All patent rights, copyright rights, moral rights, rights of publicity, trademark, trade dress and service mark rights, goodwill, trade secret rights, and other intellectual property rights as may now exist or hereafter come into existence.

2.6. “Third-Party Services”: Any services, content, or applications provided by third parties that may be integrated with or accessed through the Service (e.g., Google My Business).

3. Service Description

3.1. The Service provides GMB management tools and solutions, which may include but are not limited to: Review monitoring, social media monitoring, brand mention tracking, sentiment analysis, response generation, analytics, customer feedback tools, GMB post scheduling, Q&A management, and listing information management.

3.2. We reserve the right to modify, suspend, or discontinue the Service, or any feature or functionality thereof, at any time with or without notice to you. However, we will endeavor to provide reasonable notice of any material changes or discontinuation. We will not be liable to you or any third party for any modification, suspension, or discontinuation of the Service.

3.3. The Service utilizes Google APIs. By using the Service, you agree to be bound by Google’s Terms of Service and the Google API Services User Data Policy, including the Limited Use requirements, as applicable.

4. Account Registration and Security

4.1. To access and use the Service, you must register for an account (“Account”) and provide certain information as prompted by the registration form.

4.2. You agree to provide true, accurate, current, and complete information, maintain and promptly update this information, and maintain the security of your password. You must notify us immediately at hello@mylocalgrowth.com of any unauthorized use of your Account.

4.3. You are solely responsible for all activities that occur under your Account. 9x Innovations will not be liable for any loss or damage arising from your failure to comply with these security obligations.

5. Subscription, Fees, and Payments

5.1. Subscription Terms:

• The Service is offered on a subscription basis, billed in advance monthly or annually according to the plan you select.
• Prices are subject to change upon 30 days’ notice.
• Automatic Renewal: Your subscription will automatically renew unless you cancel before the end of the current term.
• Cancellation: You may cancel your subscription at any time through your account settings or by contacting support. Cancellations take effect at the end of the current billing term.
• No Refunds: Subscription fees are non-refundable, except as expressly stated in our policies (e.g., 30-day money-back guarantee if applicable) or as required by law.

5.2. Payment Terms:

• A valid payment method (e.g., credit card) is required. You authorize us to charge your payment method for all applicable fees.
• If payment fails, we may suspend or terminate your access until payment is received.
• All fees are exclusive of taxes (like VAT or sales tax), which are your responsibility unless otherwise stated.
• Late payments may be subject to interest charges as permitted by law.

6. User Responsibilities and Restrictions

6.1. You are solely responsible for your conduct, User Content, and communications while using the Service.

6.2. You agree NOT to use the Service:

• In any way that violates any applicable local, state, national, or international law or regulation.
• To infringe upon or violate our intellectual property rights or the intellectual property rights of others.
• To upload or transmit any content that is unlawful, harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, invasive of another's privacy, hateful, or racially, ethnically, or otherwise objectionable.
• To submit false or misleading information.
• To impersonate any person or entity, or falsely state or otherwise misrepresent your affiliation with a person or entity.
• To attempt to gain unauthorized access to the Service, other accounts, computer systems, or networks connected to the Service.
• To transmit viruses, worms, or any other code of a destructive nature.
• To reverse engineer, decompile, disassemble, or otherwise attempt to discover the source code of the Service.
• To rent, lease, lend, sell, sublicense, assign, distribute, publish, transfer, or otherwise make available the Service to any third party for any reason, except as expressly permitted by your subscription plan.
• To interfere with or disrupt the integrity or performance of the Service or data contained therein.

6.3. You will comply with all terms of Third-Party Services you use in connection with our Service, including but not limited to Google's terms and policies.

7. Intellectual Property Rights

7.1. Our Rights: The Service, including its visual interfaces, graphics, design, compilation, information, data, computer code (including source code or object code), products, software, services, and all other elements of the Service (“9x Innovations IP”), provided by 9x Innovations are protected by intellectual property and other laws. All 9x Innovations IP contained in the Service is the property of 9x Innovations LLC or its third-party licensors. We reserve all rights not expressly granted in these Terms.

7.2. User Content Rights: You retain ownership of all intellectual property rights in your User Content. You grant us a worldwide, non-exclusive, royalty-free, sublicensable, and transferable license to use, reproduce, distribute, prepare derivative works of, display, and perform your User Content solely for the purposes of providing, operating, maintaining, and improving the Service.

7.3. License to Use the Service: Subject to your compliance with these Terms, we grant you a limited, non-exclusive, non-transferable, non-sublicensable, revocable license to access and use the Service solely for your internal business purposes during your subscription term.

7.4. Aggregated Anonymous Data: We may collect, use, and analyze aggregated, anonymized, and statistical data derived from your use of the Service (Service Data) for analytics, benchmarking, and improving the Service. We will own all rights, title, and interest in and to such aggregated anonymous data.

7.5. Feedback: If you provide us with any suggestions, comments, or other feedback relating to the Service (“Feedback”), you hereby grant us a perpetual, irrevocable, worldwide, royalty-free, fully paid-up, non-exclusive, sublicensable, transferable license to use, reproduce, display, perform, modify, create derivative works of, and otherwise exploit such Feedback for any purpose without restriction or attribution.

8. Privacy and Data Protection

8.1. Privacy Policy: Our collection, use, and disclosure of personal information in connection with the Service is described in our Privacy Policy, which is incorporated by reference into these Terms.

8.2. Data Processing: To the extent that we process any personal data contained within User Content on your behalf, you are the “data controller” and we are the “data processor” under applicable data protection laws. You are responsible for ensuring that you have obtained all necessary consents and have a lawful basis for the processing of User Content through the Service.

8.3. Google API Data: Our use and transfer of information received from Google APIs will adhere to the Google API Services User Data Policy, including the Limited Use requirements.

9. Confidentiality

9.1. Definition: “Confidential Information” means all non-public information disclosed by one party (“Discloser”) to the other (“Recipient”), whether orally or in writing, that is designated as confidential or that reasonably should be understood to be confidential given the nature of the information and the circumstances of disclosure. Your User Content is your Confidential Information; the Service, its pricing, and related documentation are our Confidential Information.

9.2. Obligations: The Recipient agrees to: (i) use the same degree of care to protect the Discloser’s Confidential Information as it uses for its own similar information (but not less than reasonable care), (ii) not use any Confidential Information for any purpose outside the scope of these Terms, and (iii) limit access to Confidential Information to those employees and contractors who need that access for purposes consistent with these Terms and who are bound by confidentiality obligations similar to those herein. This section does not apply to information that: (a) is or becomes publicly known through no fault of the Recipient; (b) was known to the Recipient prior to disclosure; (c) is rightfully received from a third party without breach of any confidentiality obligation; or (d) was independently developed by the Recipient.

9.3. Compelled Disclosure: The Recipient may disclose Confidential Information if required by law, provided the Recipient gives the Discloser prior notice (if legally permitted) and reasonable assistance, at the Discloser's cost, to contest the disclosure.

10. Warranty Disclaimer

THE SERVICE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT WARRANTY OF ANY KIND. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, 9X INNOVATIONS AND ITS AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS, AND LICENSORS EXPRESSLY DISCLAIM ALL WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, QUIET ENJOYMENT, AND NON-INFRINGEMENT.

WE MAKE NO WARRANTY THAT THE SERVICE WILL MEET YOUR REQUIREMENTS, BE AVAILABLE ON AN UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE BASIS, OR THAT THE RESULTS OBTAINED FROM THE USE OF THE SERVICE WILL BE ACCURATE, RELIABLE, COMPLETE, OR CURRENT. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM US OR THROUGH THE SERVICE WILL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN.

11. Limitation of Liability

11.1. Disclaimer of Certain Damages: TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL 9X INNOVATIONS OR ITS AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS, OR LICENSORS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE, OR CONSEQUENTIAL DAMAGES (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF PROFITS, REVENUE, GOODWILL, USE, DATA, OR OTHER INTANGIBLE LOSSES) ARISING OUT OF OR RELATING TO YOUR ACCESS TO OR USE OF, OR YOUR INABILITY TO ACCESS OR USE, THE SERVICE OR ANY CONTENT ON THE SERVICE, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), STATUTE, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT WE HAVE BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE.

11.2. Cap on Liability: TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, OUR TOTAL AGGREGATE LIABILITY TO YOU FOR ALL CLAIMS ARISING OUT OF OR RELATING TO THE USE OF OR ANY INABILITY TO USE ANY PORTION OF THE SERVICE OR OTHERWISE UNDER THESE TERMS, WHETHER IN CONTRACT, TORT, OR OTHERWISE, IS LIMITED TO THE GREATER OF (A) ONE HUNDRED U.S. DOLLARS (USD $100.00) OR (B) THE TOTAL AMOUNT OF FEES ACTUALLY PAID BY YOU TO 9X INNOVATIONS FOR THE SERVICE IN THE TWELVE (12) MONTHS IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO THE CLAIM.

11.3. Basis of the Bargain: EACH PROVISION OF THESE TERMS THAT PROVIDES FOR A LIMITATION OF LIABILITY, DISCLAIMER OF WARRANTIES, OR EXCLUSION OF DAMAGES IS INTENDED TO AND DOES ALLOCATE THE RISKS BETWEEN THE PARTIES UNDER THESE TERMS. THIS ALLOCATION IS AN ESSENTIAL ELEMENT OF THE BASIS OF THE BARGAIN BETWEEN THE PARTIES. EACH OF THESE PROVISIONS IS SEVERABLE AND INDEPENDENT OF ALL OTHER PROVISIONS OF THESE TERMS.

12. Indemnification

You agree to indemnify, defend, and hold harmless 9x Innovations and its affiliates, officers, agents, employees, and partners from and against any and all claims, liabilities, damages, losses, costs, expenses, and fees (including reasonable attorneys' fees) arising out of or relating to: (a) your access to or use of the Service; (b) your User Content; (c) your violation of these Terms; (d) your violation of any rights of any third party, including intellectual property rights; or (e) your violation of any applicable laws, rules, or regulations.

13. Term, Termination, and Data Deletion

13.1. Term: These Terms commence on the date you first accept them and continue for the duration of your subscription term, including any renewals, unless terminated earlier as provided herein.

13.2. Termination by You: You may terminate your Account and subscription at any time by following the instructions within the Service or contacting customer support. Termination will be effective at the end of your current billing cycle.

13.3. Termination by Us: We may suspend or terminate your access to the Service with thirty (30) days' written notice for convenience. We may suspend or terminate your access immediately and without notice if: (a) you materially breach any provision of these Terms; (b) your use of the Service poses a security risk to us or any third party; (c) you cease to operate in the ordinary course, make an assignment for the benefit of creditors, or become the subject of any bankruptcy, reorganization, liquidation, dissolution, or similar proceeding; (d) required by law; or (e) you engage in fraudulent or illegal activities.

13.4. Effect of Termination: Upon termination or expiration of these Terms: (a) your license rights granted hereunder will immediately terminate; (b) you must cease all use of the Service; and (c) you will remain liable for all fees accrued up to the date of termination. Sections related to Intellectual Property, Confidentiality, Disclaimers, Limitation of Liability, Indemnification, Governing Law, and General Provisions will survive termination.

13.5. Data Retention and Deletion: Upon termination of your subscription, we will retain your User Content for a period of thirty (30) days. During this period, you may request an export of your User Content (subject to applicable fees, if any). After this 30-day period, we will permanently delete your User Content from our active systems. Backups containing User Content will be deleted in accordance with our standard backup rotation policies, typically within ninety (90) days thereafter. We may retain aggregated, anonymized Service Data indefinitely.

14. Governing Law and Dispute Resolution

14.1. Governing Law: These Terms and any action related thereto will be governed by the laws of the State of Delaware, USA, without regard to its conflict of laws principles.

14.2. Informal Dispute Resolution: We want to address your concerns without needing a formal legal case. Before filing a claim against 9x Innovations, you agree to try to resolve the dispute informally by contacting hello@mylocalgrowth.com. We’ll try to resolve the dispute informally by contacting you via email. If a dispute is not resolved within thirty (30) days of submission, you or 9x Innovations may bring a formal proceeding.

14.3. Arbitration Agreement: [Consider adding an arbitration clause if desired, or state:] Any judicial proceeding to resolve claims relating to these Terms or the Service will be brought in the federal or state courts located in Wilmington, Delaware, subject to the mandatory arbitration provisions below [if any]. Both you and 9x Innovations consent to venue and personal jurisdiction in such courts.

14.4. NO CLASS ACTIONS: YOU AND 9X INNOVATIONS AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING.

15. Changes to Terms

We reserve the right, at our discretion, to modify these Terms on a going-forward basis at any time. Please check these Terms periodically for changes. If a change to these Terms materially modifies your rights or obligations, we will provide reasonable notice of such change, which may include notification through the Service interface, sending an email to your registered address, or other reasonable means. Your continued use of the Service after the revised Terms have become effective indicates that you have read, understood, and agreed to the current version of the Terms.

16. General Provisions

These Terms, together with the Privacy Policy and any other agreements expressly incorporated by reference herein, constitute the entire and exclusive understanding and agreement between you and 9x Innovations regarding your use of the Service. These Terms may be amended only by a written agreement signed by authorized representatives of the parties. You may not assign or transfer these Terms or your rights hereunder, in whole or in part, by operation of law or otherwise, without our prior written consent. We may assign these Terms at any time without notice or consent. The failure to require performance of any provision will not affect our right to require performance at any other time after that, nor will a waiver by us of any breach or default of these Terms, or any provision of these Terms, constitute a waiver of any subsequent breach or default or a waiver of the provision itself. If any part of these Terms is held to be invalid or unenforceable, the unenforceable part will be given effect to the greatest extent possible, and the remaining parts will remain in full force and effect. We will not be liable for any delay or failure to perform resulting from causes outside our reasonable control (force majeure). The relationship between you and 9x Innovations is that of independent contractors. Nothing in these Terms creates a partnership, joint venture, agency, or employment relationship between you and 9x Innovations.

17. Contact Information

If you have any questions about these Terms, please contact us at:

9x Innovations LLC
Email: hello@mylocalgrowth.com