Terms of Service

1. Agreement

These Terms of Service ("Terms") govern your use of growthfactorlabs.com and the GrowthFactor site-selection platform (collectively, the "Service") operated by GrowthFactor, Inc. ("the Company," "we," "us," or "our") (80 South Eighth Street, Suite 900, Minneapolis, MN 55401). By accessing or using the Service, you agree to be bound by these Terms. If you do not agree, do not use the Service.

The Service is intended for retail businesses, real estate teams, and expansion professionals evaluating physical store locations. It is not a consumer product and is not intended for personal or household use.

2. Use of the Service

• You must be at least 18 years old and authorized to act on behalf of any organization for which you are using the Service.
• You agree not to use the Service for unlawful purposes, to interfere with its operation, or to attempt to gain unauthorized access to systems or data.
• You may not scrape, reverse-engineer, resell, or sublicense the Service or any location-intelligence reports generated through it, except as expressly permitted in a separate written agreement with the Company.
• You may not submit data through the Service that you do not have the right to disclose, including confidential data belonging to third parties.

3. Intellectual Property

The Service, including all text, graphics, logos, scoring methodology, model outputs, and software, is owned by the Company or its licensors and is protected by U.S. and international intellectual-property laws. We grant you a limited, non-exclusive, non-transferable license to access and use the Service for your internal retail-expansion decision-making. Nothing in these Terms transfers ownership of any intellectual property to you.

Site-evaluation reports and location scores generated for your account are licensed to you for your internal business use. They may not be redistributed, resold, or published without the Company's prior written consent.

4. User Content and Submitted Data

You are responsible for any content and data you submit through the Service, including candidate site addresses, store-portfolio files, and contact form submissions. You represent that you have all necessary rights to submit such content and data. You grant the Company a limited license to use, store, and process the submitted data solely as necessary to provide the Service, generate your reports, and respond to your inquiries. We do not use your submitted store-portfolio data or evaluation inputs to train our models or to generate insights for other clients without your explicit written consent.

5. Disclaimers

THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE." TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE COMPANY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. GROWTHFACTOR LOCATION SCORES AND SITE REPORTS ARE ANALYTICAL OUTPUTS BASED ON AGGREGATED DATA SOURCES AND PROBABILISTIC MODELS. THEY ARE DECISION-SUPPORT TOOLS, NOT GUARANTEES OF BUSINESS OUTCOMES. ACTUAL STORE PERFORMANCE DEPENDS ON MANY FACTORS OUTSIDE THE SCOPE OF ANY LOCATION-INTELLIGENCE MODEL, INCLUDING LEASE TERMS, STAFFING, OPERATIONS, AND MARKET CONDITIONS.

6. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE COMPANY AND ITS OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES ARISING FROM OR IN CONNECTION WITH YOUR USE OF THE SERVICE, INCLUDING ANY RELIANCE ON LOCATION SCORES OR SITE REPORTS IN MAKING LEASE OR EXPANSION DECISIONS. OUR TOTAL LIABILITY FOR ANY CLAIM ARISING FROM OR RELATED TO THE SERVICE WILL NOT EXCEED THE AMOUNT YOU PAID TO THE COMPANY IN THE 12 MONTHS PRECEDING THE CLAIM, OR USD $100 IF NO AMOUNT WAS PAID.

Some jurisdictions do not allow the exclusion of certain warranties or the limitation of certain damages; in those jurisdictions, our liability will be limited to the maximum extent permitted by law.

7. Indemnification

You agree to defend, indemnify, and hold harmless the Company from any claims, damages, liabilities, and expenses (including reasonable attorneys' fees) arising from (a) your use of the Service, (b) your violation of these Terms, or (c) your violation of any third-party right, including any unauthorized submission of data through the Service.

8. Termination

We may suspend or terminate your access to the Service at any time, with or without notice, for any reason, including violation of these Terms. Upon termination, your license to use the Service ends. Sections that by their nature should survive termination will survive, including Sections 3, 4, 5, 6, 7, 9, and 10.

9. Governing Law; Dispute Resolution

These Terms are governed by the laws of the State of Minnesota, without regard to its conflict-of-law principles.

Informal Resolution. Before filing a claim, you agree to contact us at [email protected] and attempt informal resolution for at least 60 days.

Arbitration. Any dispute that cannot be resolved informally will be settled by binding arbitration administered in Minnesota, USA under the rules of the American Arbitration Association ("AAA"). Judgment on the arbitrator's award may be entered in any court of competent jurisdiction. You and the Company each waive the right to a jury trial and the right to participate in a class action.

Exception. Either party may seek injunctive relief in a court of competent jurisdiction located in Minnesota, USA for intellectual-property infringement or unauthorized access to the Service.

10. Changes to These Terms

We may update these Terms from time to time. Material changes will be posted with a new "Last updated" date. Continued use of the Service after the effective date of the updated Terms constitutes acceptance.

11. Contact

GrowthFactor, Inc.
80 South Eighth Street, Suite 900
Minneapolis, MN 55401
Email: [email protected]
Phone: +1 (612) 554-0176