Terms of Service

These Terms of Service ("Terms") govern your use of the Growthstream software platform and related services (the "Service") provided by Growthstream, Inc., a Minnesota Corporation ("Growthstream," "we," "us," or "our").

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By accessing or using our Service, you agree to be bound by these Terms. If you do not agree to these Terms, do not use the Service.

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1. ACCEPTANCE AND MODIFICATIONS

1.1 Agreement to Terms. By creating an account, accessing, or using the Service, you acknowledge that you have read, understood, and agree to be bound by these Terms.

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1.2 Modifications. We may modify these Terms at any time by posting updated Terms on our website. Your continued use of the Service after any such changes constitutes your acceptance of the new Terms.

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1.3 Additional Terms. Additional terms may apply to specific features or services, which will be presented to you at the time of use.

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2. DESCRIPTION OF SERVICE

2.1 Service Overview. Growthstream provides a cloud-based business intelligence and analytics platform that integrates with your NetSuite system to provide insights and reporting capabilities.

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2.2 NetSuite Integration. The Service accesses data from your NetSuite system through NetSuite's standard APIs to provide analytics, reporting, and business intelligence features.

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2.3 Service Availability. We strive to maintain high availability of the Service but do not guarantee uninterrupted access. We may temporarily suspend the Service for maintenance, updates, or other operational reasons.

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3. ACCOUNT REGISTRATION AND SECURITY

3.1 Account Creation. To use the Service, you must create an account with accurate and current information. You are responsible for maintaining the accuracy of your account information.

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3.2 Account Security. You are responsible for maintaining the security of your account credentials and for all activities that occur under your account. You must immediately notify us of any unauthorized use of your account.

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3.3 Authorized Use. Your account may only be used by individuals authorized by your organization. You may not share account credentials or allow unauthorized access to the Service.

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4. ACCEPTABLE USE POLICY

4.1 Permitted Use. You may use the Service only for lawful business purposes and in accordance with these Terms and all applicable laws and regulations.

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4.2 Prohibited Activities. You may not:

• Use the Service for any unlawful purpose or in violation of any applicable laws;
• Access or use another user's account without permission;
• Interfere with or disrupt the Service or servers or networks connected to the Service;
• Attempt to gain unauthorized access to the Service, other accounts, or computer systems;
• Use automated scripts, bots, or other tools to access the Service without authorization;
• Reverse engineer, decompile, or disassemble any part of the Service;
• Remove, alter, or obscure any proprietary notices or branding;
• Use the Service to transmit viruses, malware, or other harmful code;
• Violate the intellectual property rights of GrowthStream or any third party;
• Use the Service in any way that could harm Growthstream's reputation or business interests.

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4.3 Monitoring. We reserve the right to monitor use of the Service to ensure compliance with these Terms and may suspend or terminate access for violations.

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5. USER DATA AND PRIVACY

5.1 Your Data. You retain ownership of all data that the Service accesses from your NetSuite system or that you otherwise provide to the Service ("User Data").

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5.2 Data Processing. By using the Service, you authorize us to access, process, and store User Data as necessary to provide the Service. We will handle User Data in accordance with our Privacy Policy.

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5.3 Data Security. We implement appropriate technical and organizational measures to protect User Data, but cannot guarantee absolute security.

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5.4 Data Backup. You are responsible for maintaining appropriate backups of your data. We are not responsible for data loss.

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6. INTELLECTUAL PROPERTY

6.1 Growthstream IP. The Service, including all software, designs, text, graphics, and other content, is owned by Growthstream and protected by intellectual property laws. You are granted only the limited right to use the Service as described in these Terms.

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6.2 User Data Rights. You retain all rights in your User Data. You grant us a limited license to access and process User Data solely to provide the Service.

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6.3 Feedback. If you provide feedback or suggestions about the Service, we may use such feedback without obligation or compensation to you.

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7. SERVICE MODIFICATIONS AND AVAILABILITY

7.1 Service Changes. We may modify, update, or discontinue features of the Service at any time. We will provide reasonable notice of material changes that significantly affect functionality.

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7.2 Maintenance. We may temporarily suspend the Service for maintenance, updates, or other operational needs. We will provide advance notice when reasonably possible.

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7.3 No Warranty. The Service is provided "as is" without warranties of any kind. We do not guarantee that the Service will be error-free or continuously available.

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8. LIMITATION OF LIABILITY

8.1 No Indirect Damages. TO THE MAXIMUM EXTENT PERMITTED BY LAW, GROWTHSTREAM SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO LOSS OF PROFITS, DATA, OR BUSINESS INTERRUPTION.

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8.2 Liability Cap. GROWTHSTREAM'S TOTAL LIABILITY FOR ANY CLAIMS ARISING FROM OR RELATED TO THE SERVICE SHALL NOT EXCEED $100.

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8.3 Exceptions. These limitations do not apply to damages caused by our gross negligence or willful misconduct, or where prohibited by applicable law.

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9. INDEMNIFICATION

You agree to defend, indemnify, and hold harmless Growthstream from any claims, damages, or expenses arising from: (a) your use of the Service; (b) your violation of these Terms; (c) your violation of any applicable law; or (d) your User Data.

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10. TERMINATION

10.1 Termination by You. You may stop using the Service at any time. Termination of your organization's subscription will result in loss of access to the Service.

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10.2 Termination by Us. We may suspend or terminate your access to the Service at any time for violation of these Terms or other appropriate reasons.

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10.3 Effect of Termination. Upon termination, your right to use the Service will cease immediately. We may delete User Data in accordance with our data retention policies.

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11. DISPUTE RESOLUTION

11.1 Governing Law. These Terms are governed by the laws of the State of Minnesota, without regard to conflict of law principles.

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11.2 Dispute Resolution. Any disputes arising from these Terms or the Service shall be resolved through binding arbitration in Minnesota, except that either party may seek injunctive relief in court for intellectual property matters.

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12. GENERAL PROVISIONS

12.1 Entire Agreement. These Terms, together with our Privacy Policy, constitute the entire agreement between you and Growthstream regarding the Service.

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12.2 Severability. If any provision of these Terms is found to be unenforceable, the remaining provisions will remain in full force and effect.

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12.3 Assignment. You may not assign these Terms without our written consent. We may assign these Terms without restriction.

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12.4 Contact Information. Questions about these Terms should be directed to: support@growthstream.ai

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By using the Growthstream Service, you acknowledge that you have read, understood, and agree to be bound by these Terms of Service.