Legal

Terms & Conditions

Last updated: June 8, 2026

These Terms & Conditions ("Terms") form a binding agreement between you ("you", "Customer", "User") and Growth Wingman, LLC, a Wyoming limited liability company ("Growth Wingman", "we", "us", "our", the "Company"), and govern your access to and use of our websites, the Hangar application, the AI "Wingman" agents, and all related software, tools, integrations, and services we make available (collectively, the "Services"). Please read these Terms carefully before using the Services.

1. General

1.1 Acceptance of these Terms

By creating an account, clicking "I agree" (or a similar control), purchasing a subscription, or otherwise accessing or using the Services — whether as a guest or a registered user — you accept and agree to be bound by these Terms and by our Privacy Policy, which is incorporated herein by reference. If you are entering into these Terms on behalf of a company or other entity, you represent that you have authority to bind that entity, and "you" refers to that entity. If you do not agree to these Terms, do not use the Services.

1.2 Definitions

For purposes of these Terms:

  • Services — our websites, the Hangar application, the Wingman AI agents, and all related software, models, configurations, integrations, and tools we provide.
  • User or Customer — the individual or entity that accesses or uses the Services.
  • Wingman or AI Assistant — an AI-powered agent we provide that performs a role (such as front-desk reception, lead reactivation, reputation management, scheduling, social posting, dispatch, or recruiting support) on your behalf.
  • Inputs — the prompts, messages, contacts, documents, files, configurations, and other data or materials you submit to or generate through the Services.
  • Outputs — the replies, summaries, drafts, transcriptions, recommendations, content, and other results the Services generate from your Inputs.
  • Agent Actions — actions a Wingman initiates or performs through the Services, including automated, scheduled, recurring, or "autopilot" tasks.
  • Subscription — a recurring paid plan for the Services billed on a monthly, annual, or other stated cycle.

1.3 Changes to these Terms

The Services and these Terms are subject to change at our discretion. If we change these Terms, we will post the updated version on this page and indicate a new "Last updated" date, and, where appropriate or required by law, notify you through the Services' interface, by email, or by other reasonable means. Any such changes will become effective no earlier than fourteen (14) days after they are posted, except that changes addressing new functions of the Services or made for legal reasons may be effective immediately. Your continued use of the Services after the effective date constitutes acceptance of the updated Terms.

1.4 Access to the Services

We reserve the right to modify, suspend, or discontinue the Services (or any part of them), temporarily or permanently, with or without notice. You agree that we will not be liable to you or any third party for any modification, suspension, or discontinuance of the Services, and we will not be liable if, for any reason, all or any part of the Services is unavailable at any time or for any period. From time to time we may restrict access to some or all of the Services. We reserve the right to disable any username, password, credential, or account at any time in our reasonable discretion, including if we believe you have violated these Terms.

2. Registration & Account Security

To access the Services you may be asked to provide registration details or other information. You must be at least 18 years old and capable of forming a binding contract. You agree to: (a) provide true, accurate, current, and complete information; and (b) maintain and promptly update that information to keep it true, accurate, current, and complete. You are responsible for maintaining the confidentiality of your account credentials and for all activity that occurs under your account, including activity by your staff, sub-accounts, and integrations. You must notify us promptly at [email protected] of any unauthorized use of, or breach of security relating to, your account. If you provide information that is untrue, inaccurate, or incomplete, or if we have reasonable grounds to suspect as much, we may suspend or terminate your account.

3. User Conduct

3.1 Use of the Service

The Services are provided for your internal business purposes only. You may not use the Services for any commercial resale, to provide a competing or substantially similar service to third parties, or to build a competing product. Unless expressly authorized by us in writing, you agree not to copy, reproduce, duplicate, sell, resell, sublicense, distribute, license, publish, create derivative works from, or exploit any portion of the Services. You agree not to reverse engineer, decompile, disassemble, or otherwise attempt to derive the source code, models, or underlying configuration of the Services except to the extent that such restriction is expressly prohibited by applicable law.

3.2 Prohibited Uses

You agree not to, and not to permit others to, use the Services to:

  • violate any applicable law or regulation, including the TCPA, CAN-SPAM, CTIA messaging guidelines, telemarketing and call-recording-consent laws, consumer-protection laws, or privacy laws;
  • send unsolicited, unlawful, deceptive, or harassing communications, or contact individuals without all legally required consents;
  • infringe, misappropriate, or violate the intellectual property, privacy, publicity, or other rights of any third party;
  • upload, transmit, or generate content that is unlawful, defamatory, obscene, harmful, or that contains malware, viruses, or other malicious code;
  • bypass, circumvent, or attempt to bypass or circumvent any access controls, authentication, rate limits, usage limits, or other measures we use to prevent or restrict access to the Services;
  • use any robot, spider, scraper, crawler, or other automated means or process to access, monitor, copy, scrape, harvest, or collect the Services, their content, or data of other users, except as we expressly permit;
  • take any action that disables, overburdens, damages, or impairs the Services, or that interferes with any other party's use of or real-time activities on the Services;
  • frame, mirror, or otherwise replicate any part of the Services without our prior written consent;
  • probe, scan, or test the vulnerability of the Services or any related system or network, or breach or circumvent any security or authentication measures;
  • use the Services to develop, train, or build a competing or substantially similar product or service, or to benchmark the Services, without our prior written consent;
  • interfere with, disrupt, overload, or circumvent the security, integrity, rate limits, or usage limits of the Services; or
  • impersonate any person or entity, or misrepresent your affiliation with any person or entity.

These acceptable-use and fair-use rules are part of these Terms, and any violation may result in suspension or termination of your access under Section 5 (Monitoring & Enforcement; Termination). You are solely responsible for obtaining all consents required from your own end-customers before any outreach is performed by your Wingmen.

4. Our Intellectual Property

The Services and related content, features, and functionality — including all software, models, prompts, system configurations, designs, the aviation-themed branding, callsigns, logos, text, displays, images, and documentation — are owned by Growth Wingman or its licensors and are protected by United States and international copyright, trademark, patent, trade secret, and other intellectual property laws. Subject to these Terms, we grant you a limited, non-exclusive, non-transferable, non-sublicensable, revocable license to access and use the Services for your internal business purposes during your subscription. We reserve all rights not expressly granted, and you may not use our trademarks without our prior written permission.

As between you and us, you retain all rights in your Inputs and Customer Content. You grant us a worldwide, non-exclusive license to host, process, transmit, and display your Inputs and Customer Content solely to provide, maintain, secure, and improve the Services and as otherwise described in our Privacy Policy. If you provide suggestions, ideas, or feedback about the Services, you grant us a perpetual, irrevocable, royalty-free license to use that feedback without restriction or obligation to you.

5. Monitoring & Enforcement; Termination

We have the right, but not the obligation, to monitor, investigate, and take appropriate action regarding your use of the Services, including referral to law enforcement for any illegal or unauthorized use. We may suspend or terminate your access to all or part of the Services, with or without notice, for any of the following: (i) any violation of these Terms; (ii) your failure to pay fees you owe; (iii) your submission of fraudulent or unwarranted chargebacks; (iv) our suspicion that you are engaged in fraudulent or illegal activity; or (v) any other reason in our reasonable discretion. Upon termination, your right to use the Services ends immediately. We may make Customer Content available for export for a limited period after termination, after which it may be deleted as described in our Privacy Policy. Sections that by their nature should survive termination — including Sections 4, 5, 9, 10, 12, 13, 14, 15, 16, 17, 18, and 19 — survive.

6. Linking to the Services & Social Media Features

You may link to our homepage provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it. You must not establish a link in any way that suggests any form of association, approval, or endorsement on our part where none exists, without our express written consent. The Services may offer certain social media features that let you link from your own or third-party websites to content on our Services, or share limited portions of content. You agree to use these features only as provided, and we may disable any such feature at any time without notice.

7. Links From the Services

The Services may contain links to third-party sites, resources, or advertisements provided for your convenience only. We have no control over the contents of those sites or resources and accept no responsibility for them or for any loss or damage that may arise from your use of them. If you access any third-party website linked from the Services, you do so entirely at your own risk and subject to that website's terms and conditions.

8. Geographic Restrictions & Sanctions

You warrant that you (as an individual, and as a representative of any entity on whose behalf you use the Services) are not located in, or a resident of, any country or region subject to applicable U.S. trade sanctions or embargoes (such as Cuba, Iran, North Korea, Syria, or the Crimea, Donetsk, or Luhansk regions of Ukraine), and that you are not named on any U.S. government denied-party, specially designated national (SDN), or other restricted-party list. You agree to comply with all applicable export-control and sanctions laws and not to export, re-export, or use the Services in violation of them. If you become subject to such a restriction, you will notify us within 24 hours, and we may terminate your access.

9. Underlying Platform & Third-Party Services

9.1 Platform Infrastructure Provider

The Services are built on and provided using third-party platform infrastructure that we license and whitelabel (our "Platform Provider"). Because of this, your use of the Services and of certain features is also subject to the Platform Provider's applicable acceptable-use, AI-use, messaging, communications, reseller, and other terms, which we may pass through to you from time to time and with which you agree to comply as we communicate them. Certain components of the underlying platform are open-source or free-software components governed by their own separate licenses, which control over these Terms with respect to those components.

9.2 Responsibility for Your Users & End-Customers

You are fully responsible for the use of the Services by your own users, staff, sub-accounts, and end-customers, and for their compliance with these Terms and all applicable law. You represent and warrant that you and your end-customers will maintain in effect all licenses, permissions, authorizations, consents, and permits necessary for your and their use of the Services. Your own terms and policies with your end-customers must not conflict with these Terms and must provide protections at least equivalent to those set out in these Terms.

9.3 Communications & Messaging Compliance

You acknowledge that, with respect to all communications sent through the Services, you (and your end-customers), and not Growth Wingman or the Platform Provider, are the "seller," "telemarketer," "advertiser," and "sender" for all legal and regulatory purposes. Neither Growth Wingman nor the Platform Provider initiates, creates, or controls the content, timing, or recipients of your communications. You must obtain — and keep records of — all consents required before contacting any recipient, and you must comply with all applicable communications laws, including the Telephone Consumer Protection Act (TCPA) and state-level "mini-TCPA" laws, carrier and A2P 10DLC rules, the CAN-SPAM Act, Canada's Anti-Spam Legislation (CASL), and the GDPR and ePrivacy rules where applicable. These obligations are described further in Section 13 (Messaging, A2P 10DLC & SMS Compliance) and survive termination of these Terms.

9.4 Data-Subject Rights & Privacy Obligations

For personal information you and your end-customers submit to or process through the Services, you are responsible for providing all required privacy notices, obtaining all required consents, and responding to and fulfilling data-subject requests (such as requests for access, correction, deletion, portability, or restriction) from your end-customers, as well as for ensuring the timely deletion or anonymization of personal data on termination as required by applicable law. If we or the Platform Provider receive a data-subject request directly from one of your end-customers, we may direct that request to you, and you will promptly respond to and fulfill it. You represent and warrant that you have provided all required notices to, and obtained and will maintain all rights, permissions, and consents necessary to provide your end-customers' personal data to us and our Platform Provider for processing in accordance with these Terms and our Privacy Policy. You are also solely responsible, with respect to personal data you control, for assessing and making any required personal-data-breach notifications to affected individuals, regulators, and other required parties, and for promptly notifying us of any security incident you become aware of that affects that data. Where you act as a controller of end-customer personal data, a Data Processing Addendum is available from us on request. This complements our own roles described in our Privacy Policy.

9.5 Account Access for Support & Security

You consent to Growth Wingman and the Platform Provider accessing and monitoring your account and your customers' sub-accounts as reasonably necessary to provide support, maintain security, perform the Services, and enforce these Terms.

9.6 AI Acceptable Use

Before using any AI-based features of the Services, you must ensure that you are in a jurisdiction that permits AI usage, and you must use those features in compliance with all applicable acceptable-use requirements, including any AI acceptable-use terms we pass through from the Platform Provider. This is in addition to the AI-specific provisions in Section 10 (Third-Party AI Services & Content).

9.7 Export Controls & Prohibited End-Users

You represent and warrant that you and your users are not named on, or owned or controlled by any party named on, any government denied-party, specially designated national (SDN), or other restricted-party list; are not located in, or nationals or residents of, any embargoed or sanctioned country or region; and will not use the Services for any prohibited end-use, including any military end-use. These representations supplement, and are in addition to, Section 8 (Geographic Restrictions & Sanctions).

9.8 Refunds to Your End-Customers

Neither Growth Wingman nor the Platform Provider issues refunds to your end-customers. As between you and your end-customers, you are the seller of record; you set, publish, and honor your own refund, fulfillment, and customer-service terms, and you are solely responsible for resolving disputes, refunds, and chargebacks with them.

10. Third-Party AI Services & Content

10.1 Integration of Third-Party AI

The Services use advanced artificial intelligence technologies provided by third-party vendors, including Anthropic, OpenAI, Google, and other large language model ("LLM") providers (collectively, "AI Providers"). By using the Services, you acknowledge that your Inputs and other data may be processed by these AI Providers in accordance with their respective privacy, security, and usage policies. The Services also depend on our platform infrastructure provider, our platform billing provider, payment processors, and communications carriers, each of which may have its own terms.

10.2 AI Accuracy & "Hallucination" Disclaimer

You acknowledge that AI technology is inherently probabilistic and may produce Outputs that are inaccurate, incomplete, biased, outdated, or entirely fabricated ("hallucinations"). We do not guarantee any particular result, revenue, lead volume, accuracy, or outcome. You are responsible for reviewing Outputs before relying on them, and the Services are not a substitute for professional, legal, financial, medical, or other expert advice.

10.3 User Responsibility for Commands & Autonomous Actions

Any Agent Action initiated by a Wingman is deemed authorized by you. You are solely responsible for the configuration of your Wingmen and of any "autopilot," scheduled, or recurring tasks. You have an affirmative duty to monitor the Agent Actions performed under your account. We are not responsible for any unintended consequences, data loss, communications, or system changes resulting from autonomous actions performed based on your instructions or configurations. While our Wingmen are designed to follow specific logic, we do not guarantee that a Wingman will never misinterpret an instruction or take an unintended action.

10.4 Recruiting & HR Assistant Restriction

Any recruiting or HR-support Wingman we provide (such as our "Maverick" recruiter callsign) is provided strictly as a text-based analytical assistant. It is designed to process, summarize, and surface relevant attributes within candidate materials relative to a provided job description. It does not possess, and may not be used as, an automated decision-making system, ranking algorithm, scoring engine, or filtering pipeline. It does not have the capability to automatically "accept," "reject," or "screen out" candidates. You remain solely responsible for all hiring decisions and for compliance with all applicable employment, anti-discrimination, and automated-employment-decision laws.

10.5 Customer-Facing Agents — End-User AI Disclosure Duty

When you use Wingmen that communicate with your end-customers (such as front-desk, support, or outbound agents), you are required to clearly and prominently disclose to those end-customers ("End-Users") that they are interacting with artificial intelligence. This disclosure must be prominent (clearly visible at the start of any interaction) and explicit (identifying the agent as "AI," "automated," or a "virtual assistant"). You also agree to update your own public-facing privacy policy to reflect the processing of End-User data through the Services. You are responsible for ensuring this disclosure satisfies all laws applicable to your business and your End-Users.

10.6 High-Risk & Regulated Use Restriction

Unless expressly authorized by us in writing, the Services are not designed or intended for use in: medical diagnosis or treatment; legal advice; financial-trading decisions; critical infrastructure; or any safety-critical or life-dependent system. You assume full responsibility for compliance with all industry-specific regulations applicable to your use case, including telemarketing, consumer-protection, and messaging laws governing any outreach performed through the Services.

11. Payments, Subscriptions & Refunds

11.1 Paid and Free Services

Our Services are generally provided on a paid basis. We may also offer certain Services free of charge. These Terms apply to both paid and free Services unless explicitly stated otherwise. Some features may be available only through a paid Subscription.

11.2 Subscription Period & Prices

Subscriptions are offered on a monthly, annual, or other stated billing cycle (the "Subscription Period"). The applicable price, billing interval, setup fees, and included features will be shown at the time of purchase on the order form, proposal, crew cart, or subscription confirmation. All prices are displayed before you complete your purchase and are stated in U.S. Dollars unless otherwise indicated. Taxes, fees, or currency-conversion charges may apply depending on your location and payment provider. We may change subscription plans and prices from time to time; price changes apply on renewal with prior notice as described in Section 1.3.

11.3 Automatic Renewal

Subscriptions renew automatically at the end of each Subscription Period at the then-current rate unless cancelled before the renewal date. Monthly plans renew each month on the same calendar day (or nearest equivalent); annual plans renew each year on the same calendar date. By purchasing a Subscription, you authorize us and our payment processors to charge your payment method on file automatically at each renewal until you cancel.

11.4 Billing, Receipts & Invoices

Payments are processed by our third-party payment providers: Stripe, Inc. (for direct billing) and/or our platform billing provider (for marketplace billing). All transactions are handled through those dedicated, encrypted gateways; we do not store full payment-card details. Please review the terms of the applicable payment provider, which are responsible for the transactions they process. You agree that we may charge your selected payment method for all applicable fees, including setup fees, recurring subscription fees billed in advance, and any usage-based fees billed in arrears. We reserve the right to verify your identity and payment details and to decline, hold, or reverse a transaction we reasonably suspect to be fraudulent.

11.5 Cancellation & Refunds

You may cancel your Subscription at any time from your dashboard, through the platform where you purchased it, or by contacting [email protected]. Cancellation stops future renewals but does not retroactively cancel charges already made; you will retain access until the end of the current Subscription Period. Except where required by law, fees are generally non-refundable, and we do not provide refunds or credits for partial periods, unused Services, or setup fees. If a paid Service is materially defective or not as described, you must contact us within fourteen (14) days of the charge with details, and we will review your request and provide a refund or credit where appropriate or required by law.

11.6 Purchases Through Third-Party Marketplaces

If you purchase a Subscription or other paid Service through a third-party marketplace or app store, that marketplace's billing, renewal, and refund policies apply, and you may need to manage or cancel the Subscription through that marketplace's system. We cannot issue refunds for, or override, purchases made through a third-party marketplace.

11.7 Free Trials

We or our partners may offer temporary access to certain paid Services at no cost (a "Free Trial"). Free Trial duration, features, and eligibility will be displayed at sign-up or in promotional materials. If you are required to submit payment details to start a Free Trial, the Subscription will automatically convert to a paid plan and your payment method will be charged when the trial ends unless you cancel before the trial expires. Each customer may be limited to one Free Trial per Service. Free Trials offered through a third-party platform are governed by that platform's rules.

11.8 Credits & Usage-Based Services

Certain Services operate on a credit- or usage-based system through your Hangar Credits wallet. Credits are used to perform tasks within the application (such as sending messages or generating content) and: are workspace-specific and tied to the individual workspace or account where the plan is active; cannot be transferred, pooled, or redistributed across workspaces; may reset at the beginning of each billing cycle, with any unused recurring allowance not rolling over unless stated otherwise; and are non-transferable and have no cash value. Usage beyond an included allowance is billed against your wallet or your payment method as overage at the rates shown at purchase.

11.9 Internet Access Requirement

The Services require an active, stable internet connection to function properly. You are responsible for maintaining reliable internet access and any related costs, and we are not responsible for Service interruptions caused by connectivity issues on your side.

12. Consulting Services

From time to time we may provide bespoke consulting, implementation, or professional services. Such engagements are governed by a separate Consulting Services Agreement (and any associated statement of work or proposal), which controls over these Terms with respect to that work. These Terms continue to govern your use of the software Services generally.

13. Messaging, A2P 10DLC & SMS Compliance

If you use the Services to send SMS, MMS, or other text messaging to your end-customers, you (and not Growth Wingman or the Platform Provider) are the sender of those messages and are responsible for compliance with all applicable messaging laws and carrier requirements, including the TCPA, CAN-SPAM, CTIA messaging principles, and U.S. carrier A2P 10DLC registration requirements. You agree to: (a) register your brand and campaigns truthfully through the registration process we facilitate; (b) obtain and maintain documented prior express consent from each recipient before messaging them, and honor opt-out (e.g., STOP) requests promptly; (c) include required sender identification and help/opt-out language; and (d) not send prohibited content (including content in restricted categories such as illegal substances, unlawful financial schemes, or other carrier-prohibited categories). Carriers may filter, throttle, suspend, or reject messages, and may impose fees or penalties for non-compliant traffic; you are responsible for those consequences, and we are not liable for message delivery failures or carrier actions resulting from your traffic.

14. Disclaimer of Warranties

14.1 Services Provided "AS IS" and "AS AVAILABLE"

THE SERVICES, INCLUDING WITHOUT LIMITATION ALL WINGMEN, AI ASSISTANTS, AGENTIC AUTOMATIONS, WORKFLOWS, OUTPUTS, MODEL CONFIGURATIONS, SYSTEM PROMPTS, INTEGRATIONS, APIs, AND THIRD-PARTY AI COMPONENTS, ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITH ALL FAULTS. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE COMPANY EXPRESSLY DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING WITHOUT LIMITATION THE IMPLIED WARRANTIES OF MERCHANTABILITY, TITLE, AND ANY WARRANTY THAT THE SERVICES WILL BE UNINTERRUPTED, SECURE, OR ERROR-FREE.

14.2 No Warranty of Non-Infringement

THE COMPANY DOES NOT WARRANT THAT THE SERVICES, AI MODELS, OR OUTPUTS WILL NOT INFRINGE, MISAPPROPRIATE, OR VIOLATE ANY THIRD-PARTY INTELLECTUAL PROPERTY OR PROPRIETARY RIGHTS, OR THAT OUTPUTS WILL BE UNIQUE. YOU ACKNOWLEDGE THAT AI-GENERATED CONTENT MAY BE SIMILAR OR IDENTICAL TO CONTENT GENERATED FOR OTHER USERS, AND THAT THIRD-PARTY AI PROVIDERS TRAIN THEIR MODELS ON BROAD DATASETS NOT CONTROLLED BY THE COMPANY.

14.3 No Warranty of Fitness for a Particular Purpose

THE COMPANY MAKES NO REPRESENTATION OR WARRANTY THAT THE SERVICES OR OUTPUTS WILL MEET YOUR SPECIFIC BUSINESS OBJECTIVES, COMPLY WITH INDUSTRY-SPECIFIC REGULATIONS OR PROFESSIONAL STANDARDS, PRODUCE LEGALLY SUFFICIENT DOCUMENTATION, GENERATE ACCURATE LEGAL, FINANCIAL, MEDICAL, OR TAX GUIDANCE, OR PRODUCE ANY SPECIFIC RESULT. YOU ACKNOWLEDGE THAT YOU HAVE NOT RELIED ON ANY REPRESENTATION OR WARRANTY OTHER THAN THOSE EXPRESSLY SET FORTH IN THESE TERMS.

14.4 AI Output & Automation Disclaimer

YOU ACKNOWLEDGE THAT ARTIFICIAL INTELLIGENCE SYSTEMS ARE INHERENTLY PROBABILISTIC AND MAY PRODUCE CONTENT OR TAKE ACTIONS THAT ARE INACCURATE, INCOMPLETE, OUTDATED, BIASED, MISLEADING, INCONSISTENT, ENTIRELY FABRICATED ("HALLUCINATIONS"), OR BASED ON A MISINTERPRETATION OF INSTRUCTIONS. THE COMPANY DOES NOT WARRANT THAT OUTPUTS WILL BE FACTUALLY CORRECT, THAT AGENT ACTIONS WILL REFLECT YOUR INTENT, OR THAT AUTOMATIONS AND WORKFLOWS WILL EXECUTE WITHOUT ERROR OR UNINTENDED CHANGES. ALL OUTPUTS AND AGENT ACTIONS REQUIRE HUMAN OVERSIGHT.

14.5 Third-Party Components Disclaimer

THE SERVICES RELY ON THIRD-PARTY AI PROVIDERS, APIs, CLOUD INFRASTRUCTURE, AND EXTERNAL INTEGRATIONS. THE COMPANY MAKES NO WARRANTY REGARDING THE AVAILABILITY OR UPTIME OF THIRD-PARTY SERVICES, THE SECURITY OR DATA-HANDLING PRACTICES OF THIRD PARTIES, THE CONTINUED AVAILABILITY OF SPECIFIC AI MODELS, OR COMPATIBILITY WITH THIRD-PARTY SOFTWARE OR SYSTEMS. ANY FAILURE, DISRUPTION, MODIFICATION, OR DISCONTINUATION OF THIRD-PARTY SERVICES IS OUTSIDE THE COMPANY'S CONTROL.

14.6 Security Disclaimer

WHILE THE COMPANY IMPLEMENTS COMMERCIALLY REASONABLE SECURITY MEASURES, THE COMPANY DOES NOT WARRANT THAT THE SERVICES WILL BE FREE FROM UNAUTHORIZED ACCESS, SECURITY BREACHES, DATA LOSS, CYBERATTACKS, OR SERVICE INTERRUPTIONS. YOU ARE RESPONSIBLE FOR MAINTAINING APPROPRIATE INTERNAL SECURITY SAFEGUARDS AND BACKUPS OF YOUR DATA.

15. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL GROWTH WINGMAN, ITS AFFILIATES, LICENSORS, SERVICE PROVIDERS, OR THEIR RESPECTIVE OFFICERS, MEMBERS, EMPLOYEES, CONTRACTORS, OR AGENTS BE LIABLE UNDER ANY LEGAL OR EQUITABLE THEORY (WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, OR OTHERWISE) FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, OR PUNITIVE DAMAGES, OR FOR ANY LOST PROFITS, REVENUE, BUSINESS, ANTICIPATED SAVINGS, GOODWILL, DATA, OR BUSINESS INTERRUPTION, ARISING OUT OF OR RELATING TO THE SERVICES, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. OUR TOTAL AGGREGATE LIABILITY FOR ALL CLAIMS RELATING TO THE SERVICES WILL NOT EXCEED THE GREATER OF (A) THE AMOUNTS YOU PAID US IN THE TWELVE (12) MONTHS IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO THE CLAIM, OR (B) ONE HUNDRED U.S. DOLLARS (US$100). THE FOREGOING LIMITATIONS APPLY REGARDLESS OF THE FORM OF ACTION AND SURVIVE TERMINATION. SOME JURISDICTIONS DO NOT ALLOW CERTAIN LIMITATIONS, SO SOME OF THE ABOVE MAY NOT APPLY TO YOU.

16. Indemnification

You agree to defend, indemnify, and hold harmless Growth Wingman and its affiliates, officers, members, employees, contractors, and agents from and against any and all claims, demands, actions, proceedings, damages, losses, liabilities, penalties, fines, judgments, settlements, costs, and expenses (including reasonable attorneys' fees) arising out of or relating to: (a) your Inputs or any content, data, prompts, files, or materials submitted to or processed through the Services; (b) your use of any Outputs; (c) any Agent Actions executed under your account or enabled integrations; (d) your violation of these Terms or of applicable law (including the TCPA, CAN-SPAM, telemarketing, consumer-protection, and privacy laws, and your communications with or handling of consent from your end-customers); or (e) your infringement or misappropriation of any third-party intellectual property or other rights.

17. Governing Law & Jurisdiction

These Terms, and any dispute or claim arising out of or relating to them or the Services (including non-contractual disputes), are governed by and construed in accordance with the internal laws of the State of California, without regard to its conflict-of-laws rules. Growth Wingman is a Wyoming limited liability company that has chosen California law to govern this relationship. Subject to Section 18 (Dispute Resolution) and any applicable mandatory consumer-protection laws, any legal suit, action, or proceeding arising out of or related to these Terms or the Services shall be instituted exclusively in the state or federal courts located in a county within the State of California, and each party consents to personal jurisdiction and venue there.

18. Dispute Resolution; Arbitration & Class Waiver

In the interest of resolving disputes in the most expedient and cost-effective manner, you and Growth Wingman agree that any dispute arising out of or relating to these Terms or the Services will first be addressed through good-faith informal negotiation by contacting [email protected]. If the dispute is not resolved within thirty (30) days, it will be resolved by binding arbitration administered by JAMS under its applicable rules, before a single arbitrator, seated in California (or by remote/video proceeding). Arbitration is less formal than a lawsuit; the arbitrator can award the same damages and relief a court can.

YOU AND GROWTH WINGMAN AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN AN INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS, COLLECTIVE, OR REPRESENTATIVE PROCEEDING. The arbitrator may not consolidate more than one person's claims or preside over any class or representative proceeding. This arbitration agreement does not require arbitration of: (a) qualifying claims brought in small-claims court; or (b) claims seeking injunctive or other equitable relief to protect intellectual property or confidential information, which may be brought in the courts identified in Section 17. In any action to enforce these Terms, the prevailing party is entitled to recover its reasonable attorneys' fees and costs, on a reciprocal basis consistent with California Civil Code § 1717.

19. Limitation on Time to File Claims

ANY CAUSE OF ACTION OR CLAIM YOU MAY HAVE ARISING OUT OF OR RELATING TO THESE TERMS OR THE SERVICES MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES; OTHERWISE, SUCH CAUSE OF ACTION OR CLAIM IS PERMANENTLY BARRED.

20. Waiver & Severability

No waiver by Growth Wingman of any term or condition set forth in these Terms shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure by us to assert a right or provision under these Terms shall not constitute a waiver of such right or provision. If any provision of these Terms is held by a court or other tribunal of competent jurisdiction to be invalid, illegal, or unenforceable, such provision shall be eliminated or limited to the minimum extent necessary so that the remaining provisions remain in full force and effect.

21. Other

No third-party beneficiaries. Except as otherwise expressly provided, there are no third-party beneficiaries to these Terms.

Assignment. You may not assign or transfer these Terms, in whole or in part, without our prior written consent; any attempted assignment in violation of this provision is void. We may assign or transfer these Terms, in whole or in part, without restriction, including in connection with a merger, acquisition, reorganization, or sale of assets.

Entire agreement. These Terms, together with any order forms, proposals, the Privacy Policy, and any applicable Consulting Services Agreement, constitute the entire agreement between you and Growth Wingman with respect to the Services and supersede all prior and contemporaneous understandings.

Notices. We may provide notices to you through the Services, by email to the address on your account, or by posting to our website. You may provide notices to us at [email protected].

Contact. Questions about these Terms? Contact [email protected].