Growthflicks Terms of Service v.2.0.

Preamble and introductory remarks

The Terms of Service (hereinafter: "Terms" or "Agreement") published on this page apply to all websites and services that are represented by the Growthflicks (unregistered) trademark and govern the setting-up, use and access of the Growthflicks Service and the https://growthflicks.com/ website, whereby all bolded terms are further defined in point 3.

These Terms represent a set of template clauses that form an agreement that may be entered into as described in point 1.1. between the following parties:

• 5 ELEMENT d.o.o., ustvarjanje sinergij, Jurčičeva ulica 18, 1295 Ivančna Gorica, Slovenia, company reg. no.: 2214172000, VAT ID no.: SI 30673585, LEI: 485100CJQLUIDSDDS972, the owner and supplier of the Growthflicks Service and the https://growthflicks.com/ website (hereinafter: "we", "us", "our" or "Provider") who can be reached [email protected] or through our official communication channels,
• and you (hereinafter: "you", "your", "User", "Organisation" or "Customer") the legal entity that shall be identified as the registered user of the Service when you, the duly authorised individual representing said entity, register an account (i.e perform the actions from point 1.1. in the name the company you represent) is bound to this Agreement and the Growthflicks Data Processing Agreement in accordance with the terms herein. The aforementioned also relates to any and all Permitted Users, Personnel and Affiliates.

Before the application of these Terms and the Growthflicks Data Processing Agreement as described in point 1.1. you are asked to duly review, understand and get acquainted with the content of both these Terms and the Growthflicks Data Processing Agreement.

All enquiries regarding these Terms, the Growthflicks Data Processing Agreement, pricing and payment terms as well as the Service may be directed at [email protected].

1. The application of these Terms and the Growthflicks Data Processing Agreement

When buying a license to use the Service by clicking the [START APP] button or by activating a paid/gratuitously received license for using any of the Growthflicks Services which do not require registration, you warrant:

• that you have read, understand, agree to and accepted these Terms and that you have therefore entered into a legally binding agreement with the Provider in the context of the terms and clauses herein, and
• that you are acting in the capacity of a sole trader or company (i.e. you are not a consumer) and are duly authorised to enter into this Agreement personally or on behalf of the company you have named as the User, and to bind that company to the Agreement, and
• that you have also read and agree with the Growthflicks Data Processing Agreement which you have simultaneously entered into by performing the actions from point 1.1. and under which the Provider shall be deemed as the Processor and you shall be deemed as the Controller of the Personal data that shall be listed in the Growthflicks Data Processing Agreement which forms an integral and indispensable part of this Agreement and your use of the Growthflicks Service and the https://growthflicks.com/ website, whereby the full text of the Growthflicks Data Processing Agreement can be found here.

If you do not agree to these Terms or the terms of the Growthflicks Data Processing Agreement, you are not authorised to validly register an account with us/buy a license to use the Growthflicks Service and the https://growthflicks.com/ website, and you must avoid doing so.

2. Changes

We may change these Terms at any time by notifying you of the change by email or by posting a notice on the https://growthflicks.com/ website. Unless stated otherwise, any change takes effect from the date set out in the notice. You are responsible for ensuring you are familiar with the latest Terms. By continuing to access and use the Growthflicks Service and the https://growthflicks.com/ website from the date on which the Terms are changed, you agree to be bound by the changed Terms.

These Terms were last updated on October 10th, 2025.

3. Interpretation

In these Terms:

Words in the singular include the plural and vice versa.

A reference to the Applicable legislation or statute includes references to regulations, orders or notices made under or in connection with such legislation, statute or regulations and all amendments, replacements or other changes to any of them.

4. Your obligations

4.1. Compliance with Applicable Legislation

You hereby acknowledge and agree, that compliance with all Applicable Legislation when accessing or using the Growthflicks Service is the sole responsibility of you as the User and each of your Organisation members (End Users) which had been granted access to the Service by you or who use the Service on the basis of your implementation of the Service within your organisation (i.e. workspace / system environment) you own or operate and which you duly informed prior to any use in this regard. With respect to Input data and Output data you and each of your End Users shall be solely responsible for compliance with any and all Applicable legislation with respect to any copyright, Intellectual Property, data privacy and other applicable laws, rules and regulations as well as various other national laws, state laws, rules, and regulations that may place restrictions or requirements on the use of the Service.

You hereby acknowledge and agree, that you indemnify the Provider and hold him harmless with regards to the form, contents, processing, acceptance, repercussions, (including and without limitation the possible loss of data, profit, business interruptions or damages and legal fees that you and/or any other Third party individual, be it a natural or legal entity, might incur as a result of your use of the Service) and the overall legality of any and all Input data or Output data. You shall be solely responsible for the contents, form, information, data, links, and other aspects of your use of the Growthflicks Service and hereby acknowledge and agree, that you are the "initiator" and/or "maker" of all Output if this is possible under Applicable legislation.

4.2. Obtaining and respecting copyright and citation requirements

You hereby acknowledge, agree and warrant under civil liability to the Provider, that prior to any and every use of the Growthflicks Service by you and each of your Organisation members (End Users) which had been granted access to the Service by you or who use the Service on the basis of your implementation of the Service in the organisation you own or operate and who you had duly informed prior to any use in this regard, shall only use Input data in connection with the Service in full observation of any and all copyright, licensing and citation requirements that exist for the Input data.

5. Provision of the Service

We shall use reasonable efforts to provide the Service:

• in accordance with these Terms, the Growthflicks Data Processing Agreement;
• exercising reasonable care, skill and diligence; and
• using suitably skilled, experienced and qualified personnel.

Our provision of the Service to you is non-exclusive. Nothing in these Terms prevents us from providing the Service to any other person.

We shall use reasonable efforts to ensure the Service is available on a 24/7 basis and during normal business hours in terms of offering User support. However, it is possible that on occasion the Service may be unavailable to permit maintenance or other development activity to take place, or in the event of Force Majeure. We shall use reasonable efforts to publish on the https://growthflicks.com/ website advance details of any unavailability.

6. Payment terms, topping-up your account and free trial

The Service is provided on a payable basis whereby any and all use of the Service, with the explicit exemption of the "Free Trial", warrants your purchasing of a trial on the relevant part of our website (or external check-out module).

All applicable Fees and pricing options for individual usage packages are listed on the pricing page on https://growthflicks.com/pricing website.

Any and all discounts, promotions or special offers shall also be clearly displayed and listed on https://growthflicks.com/pricing at the time of their validity.

7. Intellectual property

Subject to clause 8.2, title to, and all Intellectual Property Rights in, the Service, the Website, and all Underlying Systems is and remains our property (and/or our licensors'/partners' property). You must not contest or dispute that ownership, or the validity of those Intellectual Property Rights.

Title to, and all intellectual property rights in, the Input data and Output data remains your property (or the property of the relevant Input data or Output data authors (such as proposal document authors, Organisation members, etc.). You hereby grant us a worldwide, non-exclusive, fully paid up, transferable, irrevocable license to use, store, copy, modify, make available, communicate, as well as train our LLM models (or the LLM models of our licensors'/partners') on the Data for any purpose that is connected with the provision of the Service and the performance of our (or our licensors'/partners') obligations in accordance with these Terms.

8. Liability

Our maximum aggregate liability under or in connection with these Terms or relating to the Service, whether in contract, tort (including negligence), breach of statutory duty or otherwise, must not in any year exceed an amount equal to the licensing costs and any Fees paid by you relating to the Service in the previous year (which in the first year is deemed to be the total licensing costs and any Fees paid by you from the Start Date to the date of the first event giving rise to liability). The cap in this clause 11.1 includes the cap set out in clause 10.2a.

Neither Party is liable to the other under or in connection with these Terms or the Service for any:

• loss of profit, revenue, savings, business, use, data (including Data), and/or goodwill (except where the User would breach any Intellectual property requirements / clauses under this Agreement); or
• consequential, indirect, incidental or special damage or loss of any kind.

9. Term, termination and suspension

Unless terminated under this clause 12, these Terms and your right to access and use the Service starts on the Start Date and continues until:

• you choose to discontinue using the Service by stopping payments in relation to recurring licensing fees or other Fees by submitting such request to [email protected], or
• it is terminated at any time by the Provider as a result of any material breach of these Terms,
• either you or the Provider becomes insolvent, liquidated or bankrupt, has an administrator, receiver, liquidator, statutory manager, mortgagee's or chargee's agent appointed, becomes subject to any form of insolvency action or external administration, or ceases to continue business for any reason, whereby such Party shall be required to inform the other Party with a notice.

You may also terminate this Agreement and your right to access and use the Service in accordance with clause 7.6.

Termination of this Agreement does not affect either Party's rights and obligations that accrued before that termination.

On termination of this Agreement, you must pay all Fees for the provision of the Service prior to that termination.

10. General

Neither Party is liable to the other for any failure to perform its obligations under these Terms to the extent caused by Force Majeure.

No person other than you and us has any right to a benefit under, or to enforce, these Terms.

For us to waive a right under these Terms, that waiver must be in writing and signed by us.

Subject to providing the Service and the Agreement you have entered into, you hereby acknowledge and agree, that we are your independent contractor, and no other relationship (e.g. joint venture, agency, trust or partnership) exists under these Terms.

If we need to contact you, we may do so by email or by posting a notice on our website. All fees are visible to you in the pricing subsection of our website at the address https://growthflicks.com/pricing website. You agree that this satisfies all legal requirements in relation to written communications. You may give notice to us under or in connection with these Terms by emailing [email protected].

These Terms, and any dispute relating to these Terms, the Growthflicks Data Processing Agreement or the Service, are governed by and must be interpreted in accordance with the laws of Scotland. Each party submits to the exclusive jurisdiction of the Courts of Scotland in relation to any dispute connected with these Terms or the Service.

Clauses which, by their nature, are intended to survive termination of these Terms, including clauses in section 6, 8, 9, 10, 11, 12 and 13, continue in force.

If any part or provision of these Terms is or becomes illegal, unenforceable, or invalid, that part or provision is deemed to be modified to the extent required to remedy the illegality, unenforceability or invalidity. If modification is not possible, the part or provision must be treated for all purposes as severed from these Terms. The remainder of these Terms will be binding on you.

Subject to clauses 2.1 and 7.6, any variation to these Terms may only be done by the Provider and does not require the signing of both parties.

These Terms set out everything agreed by the parties relating to the Service, and supersede and cancel anything discussed, exchanged or agreed prior to the Start Date. The parties have not relied on any representation, warranty or agreement relating to the Service that is not expressly set out in these Terms, and no such representation, warranty or agreement has any effect from the Start Date. Without limiting the previous sentence, the parties agree that it is fair and reasonable that the parties are bound by this clause 13.10.

You may not assign, novate, subcontract or transfer any right or obligation under these Terms without our prior written consent, that consent not to be unreasonably withheld. You remain liable for your obligations under these Terms despite any approved assignment, subcontracting or transfer.