Terms and Conditions
Updated on 25, July 2025
TERMS OF SERVICE
TERMS AND CONDITIONS
GrowthTrigger Pte. Ltd.
Last Updated: January 2025
Please read these Terms and Conditions ("Terms," "Terms and Conditions") carefully before using the growthtrigger.com website (the "Website") or engaging services provided by GrowthTrigger Pte. Ltd. ("GrowthTrigger," "we," "our," or "us").
By accessing the Website or using our services, you agree to be bound by these Terms. If you disagree with any part of these Terms, you may not access the Website or use our services.
1. Definitions
"Agreement": These Terms and Conditions, together with any Service Agreement or engagement document executed between you and GrowthTrigger
"Service Agreement": The separately executed written agreement that defines the specific scope, fees, timeline, and deliverables for Services provided to Client
"Client," "you," "your": The individual or entity engaging GrowthTrigger's services
"Services": Email and SMS retention marketing services, including strategy, campaign management, automation, analytics, and related offerings provided by GrowthTrigger
"Deliverables": Work product, reports, strategies, campaigns, or other materials provided by GrowthTrigger as part of the Services
"Client Data": Data, content, materials, and information provided by Client for use in the Services
"Platform": Third-party email/SMS marketing platforms (e.g., Klaviyo, Customer.io) used to deliver Services
"Engagement Period": The duration of the service relationship as specified in the Service Agreement
2. Services Overview
2.1 Scope of Services
GrowthTrigger provides full-stack email and SMS retention marketing services specifically for telehealth and DTC health brands, including:
HIPAA-compliant marketing automation
Patient lifecycle strategy and optimization
Email and SMS campaign design, development, and management
List segmentation and audience management
A/B testing and conversion optimization
Performance tracking and analytics
Domain reputation management and deliverability optimization
Platform configuration and technical implementation
All Services are custom-designed based on Client needs. The specific scope, deliverables, timeline, fees, and terms for each engagement are defined in a Service Agreement executed separately between Client and GrowthTrigger.
2.2 No Pre-Packaged Solutions
GrowthTrigger does not offer standardized packages. Each engagement is tailored to the Client's specific business model, patient journey, and retention goals, as documented in the applicable Service Agreement.
3. Client Responsibilities
3.1 Access and Cooperation
Client agrees to:
Provide timely access to necessary platforms, accounts, and systems
Supply accurate and complete information, including Client Data
Designate authorized representatives for decision-making
Respond promptly to requests for feedback, approvals, and information
Maintain active participation in strategy calls and reviews as specified in the Service Agreement
3.2 Compliance
Client represents and warrants that:
Client Data does not violate any laws, regulations, or third-party rights
Client has obtained all necessary consents for email/SMS marketing communications
Client complies with CAN-SPAM, TCPA, GDPR, HIPAA (if applicable), and other relevant regulations
Client has valid rights to use trademarks, logos, images, and content provided to GrowthTrigger
3.3 Platform Access
Client must provide GrowthTrigger with:
Administrator or appropriate access to email/SMS platforms (Klaviyo, Customer.io, etc.)
Access to website analytics and other necessary tools
API keys, credentials, or permissions required for service delivery
Client retains ownership of all platform accounts and is responsible for platform fees charged by third-party providers.
4. Intellectual Property
4.1 Client Data Ownership
Client retains all rights, title, and interest in Client Data. Client grants GrowthTrigger a limited, non-exclusive license to use Client Data solely for providing Services during the Engagement Period.
4.2 Deliverables
Upon full payment, Client receives ownership of Deliverables created specifically for Client, including:
Campaign designs and copy
Email/SMS templates and flows
Strategy documents
Custom graphics and creative assets
GrowthTrigger retains the right to use generalized methodologies, processes, know-how, and tools developed during the engagement for other clients.
4.3 GrowthTrigger IP
GrowthTrigger retains all rights to:
Proprietary methodologies, frameworks, and processes
Internal tools, software, and systems
Pre-existing intellectual property
General knowledge and expertise
4.4 Portfolio and Case Studies
With Client's prior written consent, GrowthTrigger may:
Feature Client as a client reference
Create case studies highlighting results (with anonymization if requested)
Display Client logo on the GrowthTrigger website and marketing materials
5. Fees and Payment
All fee structures, payment terms, invoicing schedules, and pricing are specified in the Service Agreement executed separately with each Client. The following general provisions apply unless otherwise stated in the Service Agreement:
5.1 Service Fees
Fees are based on scope of Services as defined in the Service Agreement
Fees do not include third-party platform costs, advertising spend, or other external expenses unless specifically included in the Service Agreement
5.2 Payment Terms
Default payment terms (unless otherwise specified in Service Agreement):
Invoicing: As specified in the Service Agreement
Payment Due: Net 15 days from invoice date unless otherwise specified
Accepted Methods: Bank transfer, credit card, or other methods agreed upon in the Service Agreement
Processing Fees: Credit card payments may incur a processing fee as specified in the Service Agreement
5.3 Late Payment
If payment is not received by the due date:
A late fee of 2% per month (or maximum allowed by law) may be applied to overdue amounts
Services may be paused after 30 days of non-payment
GrowthTrigger reserves the right to suspend Services until payment is received
5.4 Taxes
Fees do not include applicable taxes (VAT, GST, sales tax, etc.). Client is responsible for all taxes associated with Services. If GrowthTrigger is required to collect or pay taxes, Client will be invoiced accordingly.
6. Term and Termination
The specific engagement term, renewal provisions, and termination conditions are defined in the Service Agreement. The following general provisions apply:
6.1 Engagement Term
The initial engagement term and any auto-renewal provisions are specified in the Service Agreement.
6.2 Termination by Either Party
Either party may terminate the agreement:
In accordance with the notice provisions in the Service Agreement
Immediately for material breach if the breaching party fails to cure within 15 days of written notice
Immediately if the other party becomes insolvent, files for bankruptcy, or ceases operations
6.3 Early Termination
Any early termination fees or penalties for termination before the end of the initial term are specified in the Service Agreement.
6.4 Effect of Termination
Upon termination:
Client must pay all outstanding invoices immediately
GrowthTrigger will provide Client with access to Deliverables and Client Data within 30 days
GrowthTrigger will remove access credentials and cease using Client Data
Platform accounts and campaigns will be transitioned back to Client control as specified in the Service Agreement
Confidentiality obligations survive termination indefinitely
7. Confidentiality
7.1 Definition
"Confidential Information" includes all non-public information disclosed by one party to the other, including business strategies, customer data, financial information, proprietary methodologies, and any information marked as confidential.
7.2 Obligations
Both parties agree to:
Maintain confidentiality of Confidential Information
Use Confidential Information solely for the purposes of this Agreement
Limit disclosure to employees and contractors with a need to know
Protect Confidential Information with the same care used for their own confidential information (but no less than reasonable care)
7.3 Exceptions
Confidential Information does not include information that:
Is or becomes publicly available through no breach of this Agreement
Was rightfully known prior to disclosure
Is independently developed without use of Confidential Information
Is required to be disclosed by law or court order (with prior notice if possible)
8. Warranties and Disclaimers
8.1 GrowthTrigger Warranties
GrowthTrigger warrants that:
Services will be performed in a professional and workmanlike manner
Services will comply with applicable laws and industry standards
GrowthTrigger has the right and authority to provide Services
Deliverables will not infringe third-party intellectual property rights
8.2 Client Warranties
Client warrants that:
Client has authority to enter into this Agreement and the Service Agreement
Client Data does not violate laws or third-party rights
Client has obtained necessary consents for email/SMS communications
Information provided to GrowthTrigger is accurate and complete
8.3 No Guarantees of Results
GrowthTrigger makes no guarantees regarding:
Specific campaign performance metrics (open rates, click rates, conversions)
Revenue or profit increases
Number of patients acquired or retained
Email deliverability or inbox placement (affected by factors beyond GrowthTrigger's control)
Marketing results depend on numerous factors outside GrowthTrigger's control, including market conditions, competition, product quality, customer service, pricing, and third-party platform policies.
8.4 Disclaimer of Warranties
EXCEPT AS EXPRESSLY SET FORTH HEREIN, GROWTHTRIGGER PROVIDES SERVICES "AS IS" WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.
9. Limitation of Liability
9.1 Cap on Liability
TO THE MAXIMUM EXTENT PERMITTED BY LAW, GROWTHTRIGGER'S TOTAL AGGREGATE LIABILITY ARISING OUT OF OR RELATED TO THIS AGREEMENT SHALL NOT EXCEED THE TOTAL FEES PAID BY CLIENT TO GROWTHTRIGGER IN THE 12 MONTHS PRECEDING THE CLAIM.
9.2 Exclusion of Damages
IN NO EVENT SHALL GROWTHTRIGGER BE LIABLE FOR:
INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, OR PUNITIVE DAMAGES
LOST PROFITS, REVENUE, DATA, OR BUSINESS OPPORTUNITIES
COST OF SUBSTITUTE SERVICES
DAMAGES ARISING FROM CLIENT'S USE OF THIRD-PARTY PLATFORMS
9.3 Exceptions
The limitations in this Section 9 do not apply to:
Willful misconduct or gross negligence
Breaches of confidentiality
Indemnification obligations
Damages that cannot be limited by applicable law
10. Indemnification
10.1 Client Indemnification
Client agrees to indemnify, defend, and hold harmless GrowthTrigger from any claims, damages, losses, liabilities, and expenses (including reasonable attorneys' fees) arising from:
Client Data or materials provided by Client
Client's breach of this Agreement or the Service Agreement
Client's violation of laws, regulations, or third-party rights
Claims that use of Client Data infringes intellectual property rights
Client's marketing practices or communications with customers/patients
10.2 GrowthTrigger Indemnification
GrowthTrigger agrees to indemnify Client from claims that Deliverables created by GrowthTrigger infringe third-party intellectual property rights, provided Client:
Promptly notifies GrowthTrigger of the claim
Grants GrowthTrigger sole control of the defense and settlement
Provides reasonable cooperation in the defense
11. HIPAA Compliance (For Telehealth Clients)
11.1 Business Associate Agreement
When Services involve access to Protected Health Information (PHI), GrowthTrigger and Client will execute a separate Business Associate Agreement (BAA) in accordance with HIPAA regulations. The BAA will detail the specific obligations, permitted uses, safeguards, and breach notification procedures applicable to PHI.
11.2 HIPAA Obligations
GrowthTrigger's obligations regarding PHI are governed by the separately executed BAA, which includes:
Permitted uses and disclosures of PHI
Implementation of appropriate administrative, physical, and technical safeguards
Breach notification procedures
Subcontractor requirements
Access, amendment, and accounting rights
Termination provisions related to PHI
11.3 No Medical Advice
GrowthTrigger does not provide medical, healthcare, or clinical advice. Services are limited to marketing communications and do not constitute medical guidance.
12. Prohibited Uses
Client may not:
Use Services for illegal, fraudulent, or harmful purposes
Send spam, unsolicited communications, or violate anti-spam laws (CAN-SPAM, TCPA, CASL)
Upload viruses, malware, or harmful code
Interfere with or disrupt GrowthTrigger's systems or services
Attempt to reverse engineer, copy, or replicate GrowthTrigger's proprietary tools
Resell or sublicense Services to third parties without written permission
GrowthTrigger reserves the right to immediately suspend Services if Client engages in prohibited uses.
13. Force Majeure
Neither party shall be liable for failure to perform obligations due to circumstances beyond their reasonable control, including:
Acts of God (natural disasters, pandemics)
Government actions or regulations
War, terrorism, or civil unrest
Internet or telecommunications failures
Third-party platform outages or policy changes
The affected party must provide prompt notice and use reasonable efforts to resume performance.
14. Third-Party Platforms
14.1 Platform Dependencies
Services rely on third-party platforms (e.g., Klaviyo, Customer.io, email service providers). GrowthTrigger is not responsible for:
Platform outages, downtime, or performance issues
Changes to platform features, APIs, or policies
Platform fee increases or billing issues
Data loss or security breaches caused by platforms
14.2 Platform Compliance
Client must comply with all third-party platform terms of service. GrowthTrigger will use commercially reasonable efforts to stay informed of platform policy changes but cannot guarantee compliance if platforms change policies without notice.
14.3 Platform Changes
If a third-party platform changes policies or functionality in a way that materially affects Services, GrowthTrigger will work with Client to find alternative solutions. If no reasonable alternative exists, either party may terminate the affected Services in accordance with the termination provisions in the Service Agreement.
15. Dispute Resolution
15.1 Good Faith Negotiation
Before initiating formal proceedings, parties agree to attempt to resolve disputes through good-faith negotiation for 30 days.
15.2 Mediation
If negotiation fails, parties agree to mediation before a mutually agreed-upon mediator in Singapore.
15.3 Arbitration
If mediation is unsuccessful, disputes shall be resolved through binding arbitration administered by the Singapore International Arbitration Centre (SIAC) under its rules. The arbitration shall be conducted in English in Singapore.
15.4 Exceptions
Either party may seek injunctive or equitable relief in court for:
Breaches of confidentiality
Intellectual property infringement
Urgent matters requiring immediate relief
16. General Provisions
16.1 Entire Agreement
These Terms and Conditions, together with the applicable Service Agreement executed between the parties, constitute the entire agreement and supersede all prior communications, understandings, and agreements. In the event of any conflict between these Terms and the Service Agreement, the Service Agreement shall control.
16.2 Amendments
No amendment or modification of this Agreement is valid unless made in writing and signed by authorized representatives of both parties. Amendments to the Service Agreement must follow the amendment procedures specified therein.
16.3 Severability
If any provision of this Agreement is found to be invalid or unenforceable, the remaining provisions shall continue in full force and effect.
16.4 Waiver
Failure to enforce any provision of this Agreement shall not constitute a waiver of that provision or the right to enforce it in the future.
16.5 Assignment
Client may not assign this Agreement or the Service Agreement without GrowthTrigger's prior written consent. GrowthTrigger may assign this Agreement to an affiliate or in connection with a merger, acquisition, or sale of assets with notice to Client.
16.6 Relationship of Parties
The parties are independent contractors. This Agreement does not create a partnership, joint venture, agency, or employment relationship.
16.7 Notices
All notices under this Agreement must be in writing and sent to:
For GrowthTrigger:
GrowthTrigger Pte. Ltd.
Email: team@growthtrigger.xyz
For Client: To the email and address provided in the Service Agreement
Notices are deemed received when delivered by email (with confirmation) or 3 business days after mailing.
17. Governing Law and Jurisdiction
This Agreement shall be governed by and construed in accordance with the laws of Singapore, without regard to its conflict of law provisions.
Subject to Section 15 (Dispute Resolution), the parties submit to the exclusive jurisdiction of the courts of Singapore.
18. Contact Information
For questions about these Terms and Conditions, please contact us:
GrowthTrigger Pte. Ltd.
Email: team@growthtrigger.xyz
Website: https://growthtrigger.com
19. Acceptance
BY ACCESSING THE WEBSITE, USING SERVICES, OR EXECUTING A SERVICE AGREEMENT THAT REFERENCES THESE TERMS, YOU ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTOOD, AND AGREE TO BE BOUND BY THESE TERMS AND CONDITIONS.
