Terms of Service

Acceptance of these Terms

These Terms are the entire agreement between you and DashGrowth for the Site and the Services, and they replace any prior discussions, proposals, or understandings on the same subject. The scope, pricing, and timeline of your specific engagement are described in the written estimate or invoice we send you; where that document is silent, these Terms control. No verbal promise, email, or marketing statement modifies these Terms unless we confirm the change in writing.

The Services

We provide growth and technology services for small businesses. The specific work for your engagement is defined in the estimate or invoice we send you. Anything not listed there is out of scope and, if you request it, billed separately. Timelines we share are good-faith estimates, not guaranteed deadlines — delivery depends in part on your cooperation and on third-party platforms outside our control. We may use qualified subcontractors and third-party tools to deliver the work; we remain responsible for the engagement.

Your responsibilities

You agree to provide, promptly and accurately, everything we reasonably need to do the work: information, feedback, content, credentials, and access to accounts and systems. Delays on your side extend our timelines and do not entitle you to a refund or discount. You warrant that any materials you give us — text, images, logos, data, customer lists — are yours to use, are accurate, and do not infringe anyone's rights or violate any law. You are solely responsible for your business, its products, its claims, and its compliance with the laws and regulations that apply to it.

Fees, invoicing, and late payment

Fees are stated in your estimate or invoice and are due as invoiced; unless the invoice says otherwise, payment is due upon receipt. Deposits and advance payments are non-refundable. If an invoice is more than ten (10) days overdue, we may pause all work and withhold deliverables — including access to anything we host or operate for you — until the balance is paid, and the unpaid balance accrues interest at 1.5% per month or the highest rate allowed by law, whichever is less. You are responsible for our reasonable costs of collecting seriously overdue amounts, including collection agency and attorney fees. Quoted fees do not include third-party costs (ad spend, hosting, domains, software licenses, and similar), which are yours to pay.

No refunds

Once work on an engagement begins, all fees are earned and non-refundable. This includes situations where you change your mind, no longer need the work, are dissatisfied with results (see "No guarantee of results" below), or end the engagement early. If you end an engagement before completion, all fees for work performed through the end date are due immediately.

Ownership of deliverables

Every engagement uses one of two ownership models, chosen when we scope the work.

Full transfer. When you pay your invoices in full, ownership of the final deliverables we created specifically for you transfers to you. Until full payment, all deliverables — drafts and finals — remain our exclusive property, and any use of them before full payment is unauthorized.

Managed by DashGrowth. If you choose to have us host, operate, or maintain what we build, we retain ownership and operate it for you for the agreed fee. If the engagement ends for any reason, we will hand you a working version of your deliverables as they exist on the end date. After that date we provide no hosting, maintenance, updates, bug fixes, or support of any kind unless you purchase them separately.

Under both models, we retain all rights to our pre-existing materials — tools, code libraries, templates, processes, and know-how — and you receive only the license needed to use your deliverables. We may showcase completed work in our portfolio and marketing unless we agree otherwise in writing.

Third-party platforms and accounts

The Services often depend on platforms we do not control — Google, Meta, hosting providers, email services, payment processors, AI providers, and similar. Their terms govern your use of them, their costs are yours to pay, and we are not responsible for their outages, policy changes, account suspensions, ranking or algorithm changes, or data loss. If you give us access to your accounts, you authorize us to act within the scope of the engagement, and you remain responsible for those accounts.

No guarantee of results

Marketing and growth work depends on markets, competitors, platforms, budgets, and your own business — factors nobody fully controls. We bring competence and effort; we do not promise outcomes. We make no guarantee of any specific result: no guaranteed leads, sales, revenue, search rankings, traffic, ad performance, engagement, or return on investment. Past results, case studies, and testimonials describe other businesses and are not a prediction of yours. No guarantee exists unless it is stated in a document we signed.

Disclaimer of warranties

To the maximum extent permitted by law, the Site and the Services are provided "as is" and "as available", without warranties of any kind, express or implied — including the implied warranties of merchantability, fitness for a particular purpose, and non-infringement. We do not warrant that the Site or any deliverable will be uninterrupted, error-free, or secure. Content on the Site, including the blog, is general information, not professional, legal, financial, or tax advice.

Limitation of liability

To the maximum extent permitted by law: (a) DashGrowth will not be liable for any indirect, incidental, special, consequential, or punitive damages, or for lost profits, lost revenue, lost data, or business interruption, even if we were advised such damages were possible; and (b) our total cumulative liability for all claims arising out of the Site or the Services is capped at the amounts you actually paid us for the specific engagement giving rise to the claim during the three (3) months before the event — or one hundred dollars ($100) if you have paid us nothing. These limits apply regardless of the legal theory and even if a remedy fails of its essential purpose. Some jurisdictions do not allow certain limitations; in those cases these limits apply to the fullest extent allowed.

Indemnification

You will defend, indemnify, and hold harmless DashGrowth and its owner, contractors, and agents from any claim, demand, loss, or expense (including reasonable attorney fees) arising from: the materials you provide us; your business, products, or services; your use of the deliverables; your violation of these Terms; or your violation of any law or third-party right.

Term and termination

Either party may end an engagement with written notice (email counts). On termination for any reason: all fees for work performed through the termination date are immediately due; deliverables that have not been paid in full remain ours; and the sections on fees, refunds, ownership, disclaimers, limitation of liability, indemnification, and dispute resolution survive. We may suspend or terminate the engagement — or your access to anything we operate for you — immediately if you fail to pay, provide unlawful materials, or are abusive toward the people doing the work.

Referral program

Our referral program pays 10% of the first year of fees actually collected from a referred client, subject to all of the following: (a) you identify the referral to us in writing before our first substantive contact with them; (b) rewards accrue only on amounts the referred client actually pays us, and are paid out after we receive them; (c) you may not refer yourself, your own business, or an existing client or active prospect of ours; (d) referral rewards are forfeited entirely in case of fraud, misrepresentation, or abuse of the program; and (e) we may modify or end the program at any time, which will not affect rewards already earned on payments already received. You are responsible for your own taxes on referral payments.

Using this website

The Site's content — text, design, graphics, code, and the DashGrowth name — belongs to us or our licensors. You may browse and share links. You may not copy the Site's content for commercial use, scrape it at scale, misrepresent your identity in our forms, upload malicious code, or interfere with the Site's operation. We may change or remove any part of the Site at any time.

Privacy

Our Privacy Policy explains what data we collect on the Site and how we use it. It forms part of these Terms.

Dispute resolution — binding arbitration and class action waiver

Please read this section carefully — it affects your legal rights.

Informal resolution first. Before starting any formal proceeding, you agree to email us at hello@dashgrowthconsulting.com describing the dispute and give us thirty (30) days to resolve it with you in good faith.

Binding arbitration. Any dispute arising out of or relating to these Terms, the Site, or the Services that we cannot resolve informally will be resolved exclusively by final, binding arbitration administered by the American Arbitration Association under its rules, before a single arbitrator, seated in Williamson County, Texas. The arbitration may be held by videoconference where the rules allow, and judgment on the award may be entered in any court with jurisdiction.

Class action and jury waiver. All disputes will be arbitrated on an individual basis only. You and DashGrowth each waive the right to a jury trial and the right to participate in a class action, collective action, or representative proceeding.

Small claims and exceptions. Either party may instead bring an individual claim in the small claims court of Williamson County, Texas if it qualifies, and either party may seek injunctive relief in court to protect intellectual property or confidential information.

Time limit. To the extent the law allows, any claim must be filed within one (1) year after it arises or it is permanently barred.

Governing law and venue

These Terms are governed by the laws of the State of Texas, without regard to conflict-of-law rules. For any matter not subject to arbitration, you and DashGrowth consent to the exclusive jurisdiction and venue of the state and federal courts located in or serving Williamson County, Texas.

Changes to these Terms

We may update these Terms from time to time; the "Last updated" date above reflects the current version. Changes apply from the moment they are posted, and continuing to use the Site or the Services after a change means you accept it. The version in effect when you engage us governs that engagement unless we both agree otherwise in writing.

General

If any provision of these Terms is found unenforceable, it will be enforced to the maximum extent permissible and the rest remain in full effect. Our failure to enforce a provision is not a waiver of it. You may not assign these Terms or an engagement without our written consent; we may assign them in connection with a sale or reorganization of the business. Neither party is liable for delay or failure caused by events beyond its reasonable control, except your payment obligations. Nothing in these Terms creates a partnership, joint venture, or employment relationship.

Contact

Questions about these Terms? Email us at hello@dashgrowthconsulting.com.