Terms of Service

This website is owned and operated by Growing Pace, based in Texas, United States ("Growing Pace," "we," "us," or "our"). By using the site, submitting an intake form, or contacting us through the site, you agree to these Terms of Service.

The site is provided for general business information. It is not legal, tax, accounting, financial, investment, or other professional advice. Recommendations about SEO, ad performance, conversion rates, revenue, and similar topics are educational and informational, not guarantees of results. You are responsible for deciding whether Growing Pace is the right fit for your business.

The site describes general service tiers, add-ons, one-time builds, pricing, and process. A specific engagement begins only when the scope, pricing, timing, and payment terms are confirmed in writing, such as through an accepted proposal, invoice, service agreement, statement of work, or written confirmation. "In writing" includes email, signed documents, and electronic acceptance of an invoice or proposal.

If a written agreement conflicts with these website terms, the written agreement controls for that engagement.

Prices on the site are listed in US dollars and may change for future engagements. Current partnership tiers are shown as introductory monthly retainers for the first 3-month engagement, with a one-time setup fee due before work begins unless otherwise agreed in writing.

Setup fees cover initial configuration, planning, build work, integrations, account setup, and handoff work. Setup fees are non-refundable once work begins because they cover time and preparation already committed.

Monthly retainers cover the work listed in the agreed tier or written scope. Add-ons, extra pages, paid apps, ad spend, Stripe transaction fees, Shopify app fees, product costs, shipping, photography, video, taxes, and other outside costs are separate unless expressly included in writing.

Invoices are due on receipt unless otherwise stated. Late payments may pause work and may accrue interest at the lower of 1.5% per month or the maximum rate allowed by law.

Foundation, Launch, and Partner partnerships start with a 3-month minimum engagement. During that first term, the retainer is locked, you may upgrade if more support is needed, and downgrades or cancellations wait until after the initial 3 months unless otherwise agreed in writing.

After the first 3 months, the partnership can continue month to month under updated terms. Either side may end the partnership with 30 days written notice given as described in the Notices section. Any unpaid fees, approved add-ons, third-party costs, or performance bonus amounts remain due.

Launch and Partner may include a performance bonus. Unless a written agreement says otherwise, Launch applies a 5% bonus only to Shopify or Stripe revenue above $3,000 in a calendar month. Partner applies a 5% bonus only to Shopify or Stripe revenue above $5,000 in a calendar month.

The bonus is marginal, which means it applies only to the revenue above the threshold, not total revenue. Same-month refunds and chargebacks are deducted before the bonus is calculated. If Shopify and Stripe are both active, eligible revenue from both may be combined. The bonus appears as a line item with a short breakdown.

On request, we will provide reasonable supporting detail (such as a Stripe or Shopify export) for any performance bonus invoice. If you believe a bonus calculation is incorrect, raise it in writing within 30 days of the invoice; otherwise the calculation is treated as accepted.

You are responsible for giving accurate information, responding to reasonable requests, providing content and assets you have the right to use, approving work in a timely way, maintaining your business licenses and legal compliance, and paying third-party costs tied to your business.

You are also responsible for your products, services, customer promises, shipping, refunds, taxes, regulated claims, industry-specific rules, and the legality of the content, offers, and materials you ask us to publish or configure.

Growing Pace is built around client ownership. Your domain, Shopify store, Stripe account, Google Analytics, Search Console, email list, ad accounts, content, customer data, payment records, and business-facing assets should stay in your name or business name whenever possible.

Unless a written agreement says otherwise, once invoices for the relevant work are paid in full, you own the final client-specific deliverables created for your business. Growing Pace keeps ownership of its pre-existing tools, templates, internal processes, reusable components, frameworks, know-how, and non-client-specific materials. Growing Pace also retains a perpetual right to use anonymized learnings and improvements to its own tools and processes.

If the partnership ends, we will provide reasonable transition help within the agreed scope. We do not use account access as leverage, but we may remove our internal tools, credentials, templates, or systems that are not part of the final client-specific deliverables.

Unless you tell us otherwise in writing, Growing Pace may reference your business name, logo, public deliverables, and a high-level description of the work in our portfolio, case studies, social posts, and marketing materials. We will not disclose confidential metrics, account credentials, or non-public business information without your written consent.

You can ask us in writing to remove portfolio references at any time, and we will do so on a going-forward basis.

Many services depend on third-party platforms such as Shopify, Stripe, Google, Meta, domain registrars, hosting providers, email platforms, analytics tools, apps, or plugins. Those providers have their own terms, privacy policies, fees, limitations, outages, and account rules.

You are responsible for complying with third-party platform terms and paying any third-party fees that belong to your business. Payment processor fees, refunds, disputes, chargebacks, taxes, ad spend, app subscriptions, product costs, and shipping costs remain your responsibility unless a written agreement says otherwise.

Growing Pace works to provide careful strategy, clear execution, and ongoing support. We do not guarantee search rankings, ad performance, conversion rates, revenue, sales, leads, platform approvals, delivery times from third parties, or any specific business outcome.

Recommendations are based on the information available at the time. Digital platforms, search engines, ad systems, and customer behavior can change.

To the fullest extent permitted by law, the website and our services are provided "AS IS" and "AS AVAILABLE," without warranties of any kind, whether express, implied, statutory, or otherwise. Growing Pace specifically disclaims all implied warranties of merchantability, fitness for a particular purpose, title, accuracy, quiet enjoyment, and non-infringement.

Without limiting the above, Growing Pace does not warrant that the site or services will be uninterrupted, error-free, secure, or free of viruses or other harmful components, or that any defects will be corrected. You use the site and our services at your own risk.

You may not use the site or our services for unlawful, misleading, harmful, abusive, infringing, or deceptive activity. Without limiting that, you agree not to ask us to publish, configure, or manage anything that involves: illegal goods or services; intellectual property infringement; deceptive claims, fake testimonials, or undisclosed sponsorships; hate speech, harassment, or content targeting protected groups; sexually explicit, violent, or self-harm content; multi-level marketing, gambling without proper licensing, payday lending, or similar regulated categories; or anything that violates the rules of Shopify, Stripe, Google, Meta, or other relevant platforms.

We may decline or stop work that we believe could violate law, platform rules, intellectual property rights, or our operating standards, without liability for refusing to continue.

During an engagement, each side may receive non-public business information from the other. We will use reasonable care to protect confidential information and use it only for the relationship, except where disclosure is required by law, necessary to provide the services, or already public through no fault of the receiving party. Confidentiality obligations survive termination of the engagement for 3 years, except for trade secrets, which remain protected for as long as they qualify as trade secrets under applicable law.

You agree to defend, indemnify, and hold harmless Growing Pace and its owners, employees, and contractors from and against any third-party claims, demands, losses, damages, liabilities, judgments, settlements, costs, and reasonable attorneys' fees arising out of or related to: (1) content, products, services, offers, claims, or materials you provide or ask us to publish or configure; (2) your business operations, customer relationships, or compliance with law; (3) your violation of any third-party rights, including intellectual property and privacy rights; (4) your breach of these Terms or any written agreement; or (5) your violation of any applicable law or platform rule.

Growing Pace will promptly notify you of any claim covered by this section, give you reasonable control over the defense and settlement (subject to our right to participate with our own counsel), and reasonably cooperate at your expense. You may not settle any claim that admits fault on behalf of, or imposes obligations on, Growing Pace without our prior written consent.

To the fullest extent allowed by law, Growing Pace will not be liable for indirect, incidental, special, consequential, exemplary, or punitive damages, including lost profits, lost revenue, lost data, platform downtime, third-party service failures, or business interruption, even if advised of the possibility of such damages.

To the fullest extent allowed by law, Growing Pace's total aggregate liability for any claim related to the site or services will not exceed the amount you paid to Growing Pace for the specific service giving rise to the claim during the 3 months before the claim arose.

Some jurisdictions do not allow certain limitations on warranties or liability, so portions of this section may not apply to you.

Growing Pace is not liable for any delay or failure to perform caused by events beyond our reasonable control, including third-party platform outages, internet or hosting provider failures, payment processor or telecommunications failures, acts of God, severe weather, fire, flood, pandemic, public health emergency, war, terrorism, civil unrest, labor disputes, government action, or changes in law. We will use reasonable efforts to resume affected work as soon as practical.

These Terms and any dispute arising out of or related to these Terms or our services are governed by the laws of the State of Texas, United States, without regard to its conflict of laws principles. The United Nations Convention on Contracts for the International Sale of Goods does not apply.

The exclusive venue for any dispute that is not subject to mandatory arbitration or small-claims jurisdiction is the state and federal courts located in Texas, and you and Growing Pace consent to personal jurisdiction in those courts. Each side waives the right to a jury trial to the fullest extent permitted by law. Any claim must be brought within one year after the cause of action arises, except where applicable law requires a longer period.

Notices to Growing Pace under these Terms must be sent by email to contact@growingpace.com. Notices to you may be sent to the email address on file for your account or engagement, or posted on this site. Notice is effective on the date the email is sent, unless we receive a non-delivery response.

You may not assign or transfer these Terms or any rights or obligations under them without our prior written consent. Growing Pace may assign these Terms, in whole or in part, to a successor in connection with a merger, acquisition, sale of assets, restructuring, or similar transaction, without your consent. Any attempted assignment in violation of this section is void.

Survival: The sections covering payment obligations, ownership, confidentiality, disclaimer of warranties, indemnification, limitation of liability, governing law and venue, notices, and any other provisions that by their nature should survive will survive termination or expiration of these Terms.

Severability: If any provision of these Terms is held to be invalid or unenforceable, the remaining provisions will remain in full force, and the invalid provision will be modified to the minimum extent necessary to make it enforceable while reflecting the original intent.

Entire agreement: These Terms, together with any signed proposal, statement of work, service agreement, or written confirmation between you and Growing Pace, are the entire agreement between you and Growing Pace regarding the website and our services and supersede any prior or contemporaneous oral or written communications, representations, or agreements on the same subject. No waiver of any provision is effective unless in writing, and a single waiver does not waive future enforcement.

We may update these Terms of Service as the business, site, services, tools, or legal requirements change. The updated version will be posted on this page with a new last updated date. Material changes will be highlighted on this page or communicated to active clients. Your continued use of the site or services after a change takes effect means you accept the updated Terms.