Terms of Service
These Terms of Service ("Terms") govern your access to and use of the website at pinnaclegrowthsystems.com (the "Site") and the services provided by Pinnacle Growth Systems ("Pinnacle," "we," "our," or "us") (collectively, the "Services").
By accessing the Site, requesting a strategy call, or engaging our Services, you agree to be bound by these Terms. If you do not agree, please do not use the Site or Services.
1. Eligibility
You must be at least 18 years old and capable of entering into a binding contract to use the Services. If you are accepting these Terms on behalf of a business or other organization, you represent that you have authority to bind that entity, in which case "you" refers to that entity.
2. Description of Services
We provide marketing, automation, and growth systems for home service businesses. Our Services may include lead generation, AI-powered communication systems, CRM infrastructure, review automation, pipeline management, paid advertising management, content creation, and related services. Specific deliverables, timelines, and pricing for an engagement are described in your individual service agreement or proposal ("Service Agreement"). If there is any conflict between these Terms and your Service Agreement, the Service Agreement controls with respect to that conflict.
3. Fees, Setup, Ad Spend, and Billing
3.1 Subscription Fees
The Services are provided on a recurring monthly basis at the price set out in your Service Agreement. Subscription fees are billed in advance and are non-refundable except as expressly stated in these Terms or as required by law.
3.2 Setup Fees
A one-time setup fee, as specified in your Service Agreement, is payable at the start of the engagement and is non-refundable once work has commenced.
3.3 Advertising Spend
For Services that include paid advertising management (for example, Meta or Google Ads), you are responsible for all advertising costs paid directly to the advertising platforms. Advertising spend is separate from and in addition to our management fees.
3.4 Payment Terms
All fees are payable in the currency specified in your Service Agreement. We may charge a payment card or other payment method you authorize on a recurring basis. Late payments may incur a reasonable late fee and may result in suspension of Services. You are responsible for all applicable taxes other than taxes on our net income.
4. Cancellation and Refunds
You may cancel your subscription with the notice period specified in your Service Agreement (typically 30 days' written notice). Setup fees and previously billed subscription periods are non-refundable except as required by law. Upon cancellation, we will provide reasonable transition assistance as set out in your Service Agreement.
5. Client Responsibilities
You agree to:
- Provide accurate, complete, and timely information necessary for us to deliver the Services
- Cooperate with our onboarding and ongoing requests, including timely responses to questions and approvals
- Comply with the terms of service and policies of any third-party platforms used to deliver the Services (for example, Meta, Google, GoHighLevel, Stripe)
- Maintain the confidentiality and security of any credentials or access we provide
- Comply with all laws applicable to your business, including consumer-protection, anti-spam, telemarketing, and data-protection laws
- Not use the Services for unlawful, deceptive, abusive, or harmful purposes
6. Intellectual Property
6.1 Our materials
We retain all rights, title, and interest in and to our proprietary methodologies, frameworks, templates, scripts, automations, tools, software, models, training materials, and other materials we develop or use to provide the Services ("Our Materials"). Subject to your payment of applicable fees, we grant you a non-exclusive, non-transferable, non-sublicensable license to use Our Materials solely in connection with your authorized use of the Services.
6.2 Your materials
You retain all rights to content, branding, customer data, and other materials you provide to us or that we collect on your behalf ("Your Materials"). You grant us a limited license to use Your Materials solely as necessary to provide and improve the Services, including the right to share with our service providers under appropriate confidentiality protections.
6.3 Deliverables
Subject to your payment in full of all applicable fees, you receive ownership of, or a perpetual license to use, client-specific deliverables we create exclusively for your business, excluding Our Materials and any third-party components.
6.4 Feedback
If you provide feedback or suggestions, you grant us a perpetual, royalty-free right to use that feedback to improve our Services, without obligation to you.
7. Confidentiality
Each party agrees to maintain the confidentiality of non-public information shared by the other party in connection with the Services, to use such information only for purposes of performing under these Terms, and to protect it with at least the same care it uses for its own confidential information of similar sensitivity. These obligations do not apply to information that is publicly available without breach, independently developed, lawfully received from a third party, or required to be disclosed by law.
8. Disclaimers and No Guarantee of Results
The services and the site are provided "as is" and "as available," without warranties of any kind, whether express, implied, or statutory, including without limitation any implied warranties of merchantability, fitness for a particular purpose, title, or non-infringement.
We use commercially reasonable efforts to deliver effective marketing and automation systems. However, marketing outcomes depend on many factors outside our control, including market conditions, the quality of your offers, your responsiveness to leads, your operations, competition, and the performance and policies of third-party platforms. We do not guarantee any specific results, including lead volume, response rates, booking rates, conversion rates, or revenue.
9. Third-Party Services
Our Services may rely on or integrate with third-party platforms, including but not limited to Meta, Google, GoHighLevel, Stripe, and others. Your use of those platforms is subject to their own terms and privacy policies, and we are not responsible for their availability, performance, pricing, policy changes, or actions.
10. Limitation of Liability
To the fullest extent permitted by applicable law, in no event will Pinnacle or its officers, directors, employees, or contractors be liable for any indirect, incidental, special, consequential, exemplary, or punitive damages, or for any loss of profits, revenue, data, goodwill, or business opportunity, arising out of or related to these Terms or the Services, whether based in contract, tort, statute, or any other legal theory, and even if we have been advised of the possibility of such damages.
Our total aggregate liability for all claims arising out of or related to these Terms or the Services will not exceed the greater of (a) the fees you paid to us in the three months immediately preceding the event giving rise to the claim, or (b) CAD $500.
11. Indemnification
You agree to defend, indemnify, and hold harmless Pinnacle and its officers, directors, employees, and contractors from and against any claims, damages, liabilities, costs, and expenses (including reasonable legal fees) arising from (a) Your Materials, (b) your use of the Services in violation of these Terms or applicable law, (c) your products or services or any representations you make about them, or (d) your breach of any representation, warranty, or obligation in these Terms.
12. Suspension and Termination
We may suspend or terminate the Services, in whole or in part, if you materially breach these Terms or your Service Agreement, fail to pay fees when due, or use the Services in a manner that poses risk to us, our other clients, or third parties. Upon termination, all unpaid fees become immediately due. Sections that by their nature should survive termination — including intellectual property, confidentiality, disclaimers, limitation of liability, indemnification, and governing law — will survive.
13. Governing Law and Dispute Resolution
These Terms are governed by and construed in accordance with the laws of the Province of British Columbia and the federal laws of Canada applicable therein, without regard to conflict-of-laws principles.
Before initiating any formal proceeding, the parties agree to attempt in good faith to resolve any dispute through informal negotiation for at least 30 days, beginning when one party gives the other written notice of the dispute. Any unresolved dispute will be brought exclusively in the courts located in Vancouver, British Columbia, and you consent to the personal jurisdiction of those courts.
14. Changes to These Terms
We may update these Terms from time to time. We will post the updated version on the Site and update the "Last Updated" date above. Your continued use of the Services after changes are posted constitutes acceptance of the revised Terms. If you do not agree, you should stop using the Services.
15. Miscellaneous
- Entire Agreement. These Terms, together with any Service Agreement, constitute the entire agreement between you and Pinnacle regarding the Services and supersede prior agreements on the same subject.
- Severability. If any provision of these Terms is held unenforceable, the remaining provisions remain in full force and effect.
- Assignment. You may not assign or transfer these Terms without our prior written consent. We may assign these Terms in connection with a merger, acquisition, or sale of assets.
- No waiver. Our failure to enforce any provision is not a waiver of our right to enforce it later.
- No agency. Nothing in these Terms creates a partnership, joint venture, employment, or agency relationship between the parties.
- Notices. Notices to us must be sent to marketing@pinnaclegrowthsystems.com. Notices to you may be sent to the contact information you provide.