TERMS OF USE AGREEMENT
Effective Date: 05/15/2025
This Terms of Use Agreement ("Agreement") is a legal agreement between you ("User") and AIO PRAEDIUM LLC ("Company," "we," "us," or "our") governing your use of our website growthbyandy.co (the "Website") and all related services, tools, features, and content (collectively, the "Services").
1. Acceptance of Terms
By accessing or using the Services, you agree to be bound by this Agreement and our Privacy Policy. If you do not agree, do not use our Services.
2. Eligibility
You must be at least 18 years old and capable of entering into a binding legal agreement to use the Services.
3. Changes to Terms
We may update these Terms at any time. Continued use of the Services after such changes indicates your acceptance.
4. User Accounts
You may need to create an account to access some features. You are responsible for maintaining the confidentiality of your login credentials.
5. Service Description
We provide digital marketing services and educational content for healthcare and senior care providers. We may modify or discontinue any aspect of the Services at our discretion.
6. License to Use the Website
We grant you a limited, non-exclusive, non-transferable license to use the Website for personal or business use in accordance with these Terms.
7. Intellectual Property Rights
All content on the Website is owned by or licensed to AIO PRAEDIUM LLC. You may not reproduce, distribute, or create derivative works without our permission.
8. Restrictions
You agree not to:
Use the Services for unlawful purposes
Interfere with or disrupt the Website
Upload malicious code or content
Use bots or automated systems to interact with the Website
9. Payments and Billing
Fees for paid services are displayed at checkout. By providing payment information, you authorize us to charge you. All sales are final unless otherwise stated.
10. Refund Policy
Refunds are granted only where clearly stated. If you believe you are entitled to a refund, contact us at hello@growthbyandy.co.
11. User-Generated Content
By submitting content (e.g. reviews or testimonials), you grant us a license to use it for business purposes. You are responsible for the content you submit.
12. Third-Party Services
We may use third-party tools and services. We are not responsible for the practices or content of third parties.
13. Privacy
Your privacy is important to us. Any personal information you provide is collected, used, and stored in accordance with our Privacy Policy.
No mobile information will be shared with third parties/affiliates for marketing/promotional purposes. Information sharing to subcontractors in support services, such as customer service, is permitted. All other use case categories exclude text messaging originator opt-in data and consent; this information will not be shared with any third parties, excluding aggregators and providers of the Text Message services.
14. Disclaimers
The Services are provided "as is" without warranties of any kind. We do not guarantee the accuracy, reliability, or availability of the Services.
15. Limitation of Liability
We are not liable for any indirect, incidental, or consequential damages. Our total liability is limited to the amount paid by you in the last six months.
16. Indemnification
You agree to indemnify and hold us harmless from any claims, damages, or expenses arising out of your use of the Services.
17. Termination
We may suspend or terminate your access to the Services at any time for violation of these Terms.
18. Governing Law
This Agreement is governed by the laws of the State of North Carolina, without regard to conflict of law principles.
19. Dispute Resolution
Any disputes shall be resolved through binding arbitration or small claims court in Union County, North Carolina, unless otherwise required by law.
20. SMS/Text Messages
Program Name and Description
Our Growth by Andy Alerts SMS program provides text messages related to appointments, events, receipts, customer service, and occasional promotions when you opt in. Message frequency varies depending on your activity and interactions with our services.
Opt-Out Instructions
You can cancel the SMS service at any time. Simply text "STOP" to our shortcode. Upon sending "STOP," we will confirm your unsubscribe status via SMS. Following this confirmation, you will no longer receive SMS messages from us.
Rejoining Instructions
To resume messages, sign up again as you did initially, or text "START" to the shortcode.
Help Instructions
If you experience issues, text "HELP" or contact us directly at hello@growthbyandy.co for assistance.
Carrier Liability Disclaimer
Carriers are not liable for delayed or undelivered messages.
Message and Data Rates Disclaimer
Message and data rates may apply for messages sent to you from us and from you to us. Message frequency varies. For questions about your mobile or data plan, please contact your wireless provider. You are not required to receive SMS messages as a condition of purchasing any products or services.
Data Use
We do not share opt-in data or mobile numbers with third parties or affiliates for marketing/promotional purposes. Data is only shared with aggregators and service providers necessary to deliver SMS messages.
Prohibited Content
We do not send SMS messages that contain phishing, smishing, illegal content, or SHAFT content (sex, hate, alcohol, firearms, tobacco) unless explicitly compliant with all relevant laws and carrier guidelines.
Compliance with Industry Standards
Our SMS practices comply with all applicable industry regulations, including TCPA, CTIA, and carrier-specific requirements.
Legal Compliance Note
All SMS communications are conducted in accordance with applicable federal, state, and local laws.
Privacy Policy Link
For privacy-related inquiries, please refer to our Privacy Policy: https://www.growthbyandy.co/privacy-policy
21. Entire Agreement
This Agreement constitutes the entire agreement between you and AIO PRAEDIUM LLC regarding the Services.
22. Severability
If any provision of this Agreement is found to be unenforceable, the remaining provisions will remain in effect.
23. Contact Information
For questions about this Agreement, contact us at:
Email: hello@growthbyandy.co
Business Name: AIO PRAEDIUM LLC
Website: growthbyandy.co