1. Acceptance of Terms
These Terms of Service ("Terms") govern your access to and use of the website at applygro.com and all consulting services provided by gRO (Growth Revenue Optimization), operated by Ro Maldonado ("gRO," "we," "us," or "our"). By accessing the website or engaging our services, you ("Client," "you," or "your") agree to be bound by these Terms. If you do not agree, do not use the website or engage our services.
We may update these Terms from time to time. When we do, we will revise the effective date above. Your continued use of the website or services after changes are posted constitutes acceptance of the updated Terms.
2. Description of Services
gRO provides B2B SaaS growth consulting services designed for companies typically between $1M and $10M in annual recurring revenue. Our services include, but are not limited to:
- Funnel Audit -- A diagnostic engagement priced between $1,500 and $2,500, depending on scope. The Funnel Audit evaluates your current acquisition funnel, conversion metrics, messaging, paid media performance, and growth infrastructure. Deliverables, timeline, and pricing are confirmed in writing before work begins.
- Retainer Engagements -- Ongoing strategic and executional growth services delivered on a monthly retainer basis. Retainer scope, deliverables, cadence, and fees are defined in a separate Statement of Work ("SOW") or service agreement executed by both parties.
The specific scope of any engagement is defined in the applicable SOW or proposal. These Terms apply in addition to any SOW, and in the event of a conflict, the SOW controls with respect to scope and fees.
3. Engagement Process
Our typical engagement follows a structured process:
- Discovery Call -- You book a call through our website or are referred directly. We discuss your current growth challenges, goals, and whether gRO is a fit.
- Funnel Audit -- If both parties agree to proceed, we begin with a Funnel Audit. This gives us (and you) a clear, data-driven picture of where revenue is being lost and where the highest-leverage opportunities exist. The audit is a standalone deliverable -- there is no obligation to continue beyond it.
- Retainer Engagement -- Based on the audit findings, we may propose an ongoing retainer engagement. If you choose to proceed, we execute a SOW outlining scope, deliverables, timeline, and compensation. Retainer terms begin on the date specified in the SOW.
gRO reserves the right to decline any engagement at our sole discretion.
4. Payment Terms
All fees are quoted in US dollars unless otherwise stated.
- Funnel Audit: Payment is due in full before the audit work begins, unless alternative terms are agreed to in writing.
- Retainer Engagements: Retainer fees are invoiced monthly in advance, due upon receipt or within the payment window specified in your SOW (typically net-15).
- Late Payments: Invoices unpaid more than 15 days past due may incur a late fee of 1.5% per month on the outstanding balance. gRO reserves the right to pause or suspend services for any account with overdue invoices.
- Expenses: Any third-party costs (ad spend, software licenses, tools) are the Client's responsibility unless explicitly included in the SOW.
All fees are non-refundable once work has commenced, except as required by applicable law or as otherwise agreed in writing.
5. Intellectual Property
Client Materials: You retain all ownership rights to the data, brand assets, content, and materials you provide to gRO during an engagement ("Client Materials"). You grant gRO a limited, non-exclusive license to use Client Materials solely for the purpose of delivering the agreed-upon services.
gRO Deliverables: Upon full payment, you receive ownership of the final deliverables created specifically for your engagement (audit reports, strategy documents, ad copy, landing page copy, and similar work product). However, gRO retains ownership of all underlying methodologies, frameworks, templates, processes, and proprietary tools used in the delivery of services ("gRO IP"). Nothing in these Terms transfers ownership of gRO IP to the Client.
Portfolio Use: gRO may reference the general nature of the engagement and publicly available results (e.g., growth metrics, category of work) in marketing materials, case studies, and portfolio presentations, unless you request otherwise in writing.
6. Confidentiality
Each party agrees to keep confidential all non-public information disclosed by the other party during the course of an engagement ("Confidential Information"). This includes, but is not limited to, business strategies, financial data, customer lists, analytics, proprietary processes, and unpublished marketing materials.
Confidential Information will not be disclosed to third parties without the disclosing party's prior written consent, except as required by law or to the extent necessary for gRO to engage subcontractors who are bound by equivalent confidentiality obligations.
Confidentiality obligations survive termination of the engagement for a period of two (2) years.
7. Client Responsibilities
To enable gRO to perform services effectively, you agree to:
- Provide timely access to requested data, accounts, platforms, and stakeholders.
- Respond to communications and approve deliverables within reasonable timeframes.
- Ensure that all materials you provide do not infringe on third-party intellectual property rights.
- Maintain the security of any shared account credentials.
Delays caused by the Client's failure to provide necessary access or approvals may impact project timelines. gRO is not responsible for delays resulting from Client inaction.
8. Limitation of Liability
gRO provides growth consulting services on a best-efforts basis. We do not guarantee specific revenue outcomes, conversion rates, or other business results. Growth depends on many factors outside our control, including your product, market conditions, internal execution, and competitive dynamics.
To the maximum extent permitted by law:
- gRO's total aggregate liability for any claims arising out of or related to these Terms or any engagement shall not exceed the total fees paid by you to gRO in the six (6) months preceding the claim.
- In no event shall gRO be liable for any indirect, incidental, special, consequential, or punitive damages, including but not limited to lost profits, lost revenue, or loss of business opportunity, regardless of the theory of liability.
This limitation applies whether the claim is based on contract, tort, negligence, strict liability, or any other legal theory.
9. Disclaimer of Warranties
All services are provided "as is" and "as available." gRO disclaims all warranties, whether express or implied, including but not limited to implied warranties of merchantability, fitness for a particular purpose, and non-infringement. We do not warrant that the website will be uninterrupted, error-free, or free of harmful components.
10. Termination
Funnel Audit: Once the audit has commenced, the engagement runs to completion. If you wish to cancel before work begins, contact us for a full refund.
Retainer Engagements: Either party may terminate a retainer engagement by providing thirty (30) days' written notice, unless the SOW specifies a different notice period. Upon termination:
- The Client is responsible for payment of all fees for services rendered through the termination date.
- gRO will deliver any completed or in-progress deliverables for the current billing period.
- Each party will return or destroy the other party's Confidential Information upon request.
Termination for Cause: Either party may terminate immediately upon written notice if the other party materially breaches these Terms or an applicable SOW and fails to cure such breach within fifteen (15) days of receiving written notice of the breach.
11. Indemnification
You agree to indemnify, defend, and hold harmless gRO and its owner, employees, and contractors from and against any claims, damages, losses, liabilities, and expenses (including reasonable attorneys' fees) arising out of or related to: (a) your breach of these Terms; (b) your use of the website; (c) any materials you provide that infringe on third-party rights; or (d) your violation of any applicable law or regulation.
12. Governing Law and Dispute Resolution
These Terms shall be governed by and construed in accordance with the laws of the State of Texas, without regard to its conflict-of-law provisions.
Any dispute arising out of or relating to these Terms or any engagement shall be resolved through good-faith negotiation between the parties. If the dispute cannot be resolved through negotiation within thirty (30) days, either party may pursue binding arbitration administered in accordance with the rules of the American Arbitration Association, with proceedings held in the State of Texas. Each party shall bear its own costs and attorneys' fees unless the arbitrator determines otherwise.
Nothing in this section prevents either party from seeking injunctive or equitable relief in a court of competent jurisdiction to protect its intellectual property or Confidential Information.
13. Miscellaneous
- Entire Agreement: These Terms, together with any executed SOW, constitute the entire agreement between you and gRO with respect to the subject matter herein.
- Severability: If any provision of these Terms is held to be invalid or unenforceable, the remaining provisions shall continue in full force and effect.
- Waiver: Failure by either party to enforce any provision of these Terms shall not constitute a waiver of that provision or the right to enforce it later.
- Assignment: You may not assign your rights or obligations under these Terms without our prior written consent. gRO may assign these Terms in connection with a merger, acquisition, or sale of assets.
- Force Majeure: Neither party shall be liable for delays or failures in performance resulting from causes beyond its reasonable control, including natural disasters, acts of government, pandemics, or disruptions to internet infrastructure.
14. Contact Information
If you have any questions about these Terms, please contact us:
gRO (Growth Revenue Optimization)
Ro Maldonado
Email: ro@applygro.com
Website: applygro.com