Terms of Service

Acceptance of Terms

Welcome to growthadvisor AG. These Terms of Service ("Terms") govern your use of our website, services, and any related content provided by growthadvisor AG, a company registered in Austria with registration number FN468529a ("Company", "we", "our", or "us").

By accessing or using our website at growthadvisor.top or engaging our services, you agree to be bound by these Terms and our Privacy Policy. If you do not agree to these Terms, you may not access or use our services.

We reserve the right to modify these Terms at any time. Changes will be effective immediately upon posting on our website. Your continued use of our services after any modifications constitutes acceptance of the revised Terms.

Description of Services

growthadvisor provides expert guidance and consultation services for restaurant loyalty app development. Our services include but are not limited to:

• Strategic planning and consultation for loyalty programmes
• App development guidance and technical oversight
• System integration support and recommendations
• Analytics setup and performance optimisation guidance
• Ongoing support and maintenance consultation

All services are provided as guidance and consultation. We do not directly develop, host, or maintain applications or systems unless explicitly agreed upon in a separate written agreement.

User Obligations

When using our services, you agree to:

• Provide accurate and complete information when requested
• Use our services only for lawful purposes and in accordance with these Terms
• Respect the intellectual property rights of growthadvisor and third parties
• Not attempt to interfere with or disrupt our services or systems
• Maintain the confidentiality of any login credentials or access information
• Comply with all applicable laws and regulations in your jurisdiction

You are prohibited from:

• Using our services for any illegal or unauthorised purpose
• Attempting to gain unauthorised access to our systems or other users' accounts
• Transmitting viruses, malware, or other harmful code
• Engaging in any activity that could damage, disable, or impair our services
• Violating the privacy or rights of other users or third parties

Payment Terms

Payment terms for our services will be specified in individual service agreements or proposals. Unless otherwise agreed, payment is due within 30 days of invoice date. Late payments may incur additional charges as permitted by Austrian law.

All fees are exclusive of applicable taxes, which will be added to invoices as required by law. Prices are subject to change with reasonable notice, though existing contractual commitments will be honoured at agreed rates.

Intellectual Property

The content, design, graphics, software, and other materials on our website and in our services are owned by growthadvisor or our licensors and are protected by copyright, trademark, and other intellectual property laws.

You may not reproduce, distribute, modify, or create derivative works of our content without our prior written consent. Any feedback, suggestions, or ideas you provide regarding our services may be used by growthadvisor without restriction or compensation.

Clients retain ownership of their proprietary information and data shared with us during service delivery. growthadvisor retains ownership of our methodologies, processes, and general knowledge gained through service provision.

Confidentiality

We understand that clients may share confidential business information during our engagement. We commit to maintaining the confidentiality of such information and will not disclose it to third parties without your consent, except as required by law.

This confidentiality obligation survives the termination of our service relationship and applies to all employees, contractors, and agents of growthadvisor who may have access to your confidential information.

Limitation of Liability

Our services are provided on an "as is" and "as available" basis. To the maximum extent permitted by Austrian law, growthadvisor disclaims all warranties, express or implied, including but not limited to warranties of merchantability, fitness for a particular purpose, and non-infringement.

growthadvisor's total liability for any claims arising from or related to our services shall not exceed the total amount paid by you to growthadvisor in the twelve months preceding the claim. In no event shall growthadvisor be liable for any indirect, incidental, special, consequential, or punitive damages.

This limitation of liability applies regardless of the legal theory on which the claim is based and even if growthadvisor has been advised of the possibility of such damages. Some jurisdictions do not allow certain limitations of liability, so these limitations may not apply to you.

Indemnification

You agree to indemnify and hold harmless growthadvisor, its officers, directors, employees, and agents from any claims, damages, losses, or expenses (including reasonable legal fees) arising from your use of our services, your violation of these Terms, or your violation of any rights of another party.

Termination

Either party may terminate a service engagement with reasonable notice as specified in the relevant service agreement. growthadvisor reserves the right to suspend or terminate access to our services immediately if you violate these Terms or engage in conduct that we deem harmful to our business or other users.

Upon termination, your right to use our services will cease immediately. Provisions relating to intellectual property, confidentiality, limitation of liability, and dispute resolution will survive termination.

Governing Law

These Terms and any disputes arising from or relating to our services shall be governed by and construed in accordance with the laws of Austria, without regard to its conflict of law principles.

Any legal action or proceeding arising under these Terms will be brought exclusively in the competent courts of Austria, and you hereby consent to personal jurisdiction and venue therein.

Dispute Resolution

We encourage resolution of disputes through direct communication. If a dispute cannot be resolved informally, it may be submitted to mediation before pursuing legal action.

For EU consumers, the European Commission provides an online dispute resolution platform available at ec.europa.eu/consumers/odr. However, growthadvisor is not obligated to participate in alternative dispute resolution proceedings.

Severability

If any provision of these Terms is found to be invalid or unenforceable, the remaining provisions will remain in full force and effect. The invalid provision will be replaced with a valid provision that most closely achieves the intended purpose.

Entire Agreement

These Terms, together with our Privacy Policy and any specific service agreements, constitute the entire agreement between you and growthadvisor regarding the use of our services and supersede all prior agreements and understandings.

Contact Information

If you have any questions about these Terms or need to contact us regarding legal matters, please reach out to us: