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Terms of Use

Effective Date: January 2025

Last Updated: January 2025

1. Introduction and Acceptance

Welcome to HookedGrowth. These Terms of Use (“Terms”) govern your access to and use of the HookedGrowth platform, including our website at app.hookedgrowth.com and any related services, features, and applications (collectively, the “Service”).

The Service is operated by HookedGrowth Pty Ltd (ACN 668 898 191), a company registered in Australia (“HookedGrowth”, “we”, “our”, or “us”).

Registered Address: Suite 110 / Level 1 55 Collins Street Melbourne, VIC 3000 Australia

By accessing or using the Service, you agree to be bound by these Terms. If you do not agree to these Terms, you must not access or use the Service.

If you are using the Service on behalf of an organisation, you represent and warrant that you have the authority to bind that organisation to these Terms, and “you” refers to both you individually and the organisation.

2. Definitions

In these Terms:

  1. “Account” means a registered user account on the Service.
  2. “Content” means any text, images, data, files, or other materials uploaded, submitted, or generated through the Service.
  3. “AI Tasks” means the usage-based credits used to access AI-powered features within the Service.
  4. “Organisation” means a business entity or team that uses the Service, including its authorised users.
  5. “Personal Information” has the meaning given in the Privacy Act 1988 (Cth).
  6. “Service” means the HookedGrowth platform, website, applications, and all related features and functionality.
  7. “Subscription” means a paid or free plan that provides access to the Service.
  8. “User” means any individual who accesses or uses the Service, whether as an account holder or an authorised user of an Organisation.
  9. “User Content” means any Content that you upload, submit, or create using the Service.

3. Account Registration

3.1 Eligibility

To use the Service, you must:

  1. Be at least 18 years of age
  2. Have the legal capacity to enter into a binding agreement
  3. Not be prohibited from using the Service under applicable laws

3.2 Account Creation

When you create an Account, you agree to:

  1. Provide accurate, current, and complete information
  2. Maintain and promptly update your Account information
  3. Keep your login credentials secure and confidential
  4. Accept responsibility for all activities under your Account
  5. Notify us immediately of any unauthorised access or security breach

3.3 Organisation Accounts

If you create or join an Organisation:

  1. The Organisation administrator controls access and permissions for all users within the Organisation
  2. You acknowledge that the Organisation administrator may access, manage, or remove your access to Organisation data
  3. Content created within an Organisation belongs to that Organisation

4. Service Description

4.1 Overview

HookedGrowth is a B2B AI-powered growth operating system that provides access to a range of AI-powered features and tools.

4.2 AI-Powered Features

The Service uses artificial intelligence and machine learning technologies provided by third-party providers (including OpenAI, Anthropic, Google, and others) to deliver certain features. You acknowledge that:

  1. AI-generated outputs are provided for informational and assistance purposes only
  2. AI outputs may not always be accurate, complete, or suitable for your specific needs
  3. You are responsible for reviewing, verifying, and appropriately using any AI-generated content
  4. We do not guarantee specific results or outcomes from AI features

4.3 Beta Features

We may offer beta or experimental features. These features:

  1. Are provided “as is” without warranties
  2. May be modified or discontinued without notice
  3. May have additional terms that apply to their use

5. Subscription and Billing

5.1 Subscription Plans

We offer the following subscription options:

  1. Free Plan: Limited access to Service features with restricted usage quotas
  2. Paid Plans: Full access to Service features with higher usage quotas and additional capabilities

Details of current plans and pricing are available on our website.

5.2 AI Tasks

Certain AI-powered features require AI Tasks:

  1. Credits are allocated based on your Subscription plan
  2. Additional credits may be purchased separately
  3. Unused credits do not roll over between billing periods unless otherwise specified
  4. Credits have no monetary value and are non-refundable

5.3 Payment Terms

For paid Subscriptions:

  1. Fees are billed in advance on a monthly or annual basis
  2. Payment is due upon invoice or as specified during checkout
  3. All fees are in Australian Dollars (AUD) unless otherwise stated
  4. You authorise us to charge your designated payment method for all applicable fees

5.4 Automatic Renewal

Subscriptions automatically renew at the end of each billing period unless:

  1. You cancel before the renewal date
  2. We discontinue the Service or your plan

5.5 Refunds

  1. Subscription fees are generally non-refundable
  2. If we terminate your access due to our breach, you may be entitled to a pro-rata refund
  3. Refund requests may be considered on a case-by-case basis at our discretion

5.6 Taxes

All fees are exclusive of applicable taxes. You are responsible for paying any taxes, levies, or duties associated with your use of the Service.

6. Acceptable Use Policy

6.1 Permitted Use

You may use the Service only for lawful business purposes and in accordance with these Terms.

6.2 Prohibited Conduct

You must not:

  1. Use the Service for any illegal, fraudulent, or harmful purpose
  2. Violate any applicable laws, regulations, or third-party rights
  3. Upload or transmit malware, viruses, or other malicious code
  4. Attempt to gain unauthorised access to the Service or its systems
  5. Interfere with or disrupt the Service or its infrastructure
  6. Reverse engineer, decompile, or disassemble any part of the Service
  7. Resell, sublicense, or commercially exploit the Service without authorisation
  8. Use automated tools to scrape, harvest, or extract data from the Service
  9. Impersonate any person or entity or misrepresent your affiliation
  10. Harass, abuse, or harm other users or our personnel

6.3 AI Content Guidelines

When using AI-powered features, you must not:

  1. Input content that is illegal, harmful, discriminatory, or violates third-party rights
  2. Use AI outputs to generate spam, misinformation, or deceptive content
  3. Attempt to manipulate or circumvent AI safety measures
  4. Use AI features to create content that infringes intellectual property rights
  5. Rely on AI outputs for critical decisions without appropriate human review

6.4 Enforcement

We may investigate and take action against violations of this policy, including:

  1. Issuing warnings
  2. Suspending or terminating your access
  3. Removing Content that violates these Terms
  4. Reporting violations to law enforcement where required

7. Intellectual Property

7.1 Our Intellectual Property

The Service, including its software, design, features, content, trademarks, and documentation, is owned by or licensed to HookedGrowth. You acknowledge that:

  1. All intellectual property rights in the Service remain with us or our licensors
  2. These Terms do not grant you any ownership rights in the Service
  3. You receive only a limited, revocable licence to use the Service as described herein

7.2 Your Licence to Use the Service

Subject to these Terms, we grant you a non-exclusive, non-transferable, revocable licence to:

  1. Access and use the Service for your internal business purposes
  2. Store copies of Content in your device’s cache or for offline access where the Service permits

7.3 Restrictions

You may not, without our prior written permission:

  1. Copy, modify, or create derivative works of the Service
  2. Distribute, publicly display, or commercially exploit the Service
  3. Remove or alter any proprietary notices or branding

7.4 Feedback

If you provide feedback, suggestions, or ideas about the Service (“Feedback”), you grant us a perpetual, royalty-free, worldwide licence to use, modify, and incorporate that Feedback into the Service without any obligation to you.

8. User Content and Data

8.1 Ownership of User Content

You retain ownership of all User Content that you upload or create through the Service.

8.2 Licence to User Content

By uploading or submitting User Content, you grant us a non-exclusive, worldwide, royalty-free licence to:

  1. Store, process, and display your User Content to provide the Service
  2. Use your User Content with AI services to generate outputs you request
  3. Create anonymised, aggregated data for analytics and service improvement

This licence is limited to operating and improving the Service and does not grant us ownership of your User Content.

8.3 Your Responsibilities

You are solely responsible for:

  1. The accuracy, legality, and appropriateness of all User Content
  2. Ensuring you have all necessary rights to upload and use your User Content
  3. Backing up your User Content (we are not a backup service)

8.4 AI Processing Disclosure

When you use AI-powered features:

  1. Your inputs may be sent to third-party AI providers for processing
  2. We do not use your data to train AI models — your data is only used for real-time processing to deliver requested features
  3. AI providers may have their own terms and privacy policies that apply to their processing

8.5 Confidential Information

We will treat your User Content and Organisation data as confidential and will not disclose it to third parties except:

  1. As necessary to provide the Service (including to our service providers)
  2. As required by law or legal process
  3. With your consent

9. Third-Party Services

9.1 Integrations

The Service integrates with various third-party services, including:

  1. AI Providers: OpenAI, Anthropic, Google AI, and others for AI-powered features
  2. Payment Processing: Stripe for billing and payments
  3. Authentication: Clerk for user authentication
  4. Analytics: PostHog for product analytics
  5. Communication: Email service providers for notifications

9.2 Third-Party Terms

Your use of third-party services is subject to their respective terms and privacy policies. We are not responsible for the practices of third-party providers.

9.3 API Keys

If you connect your own API keys or third-party accounts:

  1. You are responsible for any costs incurred with those third parties
  2. You must comply with the third party’s terms of service
  3. We are not liable for issues arising from your third-party integrations

10. Confidentiality

10.1 Confidential Information

Each party agrees to keep confidential any non-public information disclosed by the other party that is marked as confidential or would reasonably be understood to be confidential.

10.2 Exceptions

Confidentiality obligations do not apply to information that:

  1. Is or becomes publicly available without breach
  2. Was known to the receiving party before disclosure
  3. Is independently developed without reference to confidential information
  4. Is disclosed pursuant to legal requirement (with notice where permitted)

11. Disclaimers and Warranties

11.1 Service Provided “As Is”

To the maximum extent permitted by law, the Service is provided on an “as is” and “as available” basis without warranties of any kind, whether express, implied, or statutory.

11.2 No Guarantee of Results

We do not warrant that:

  1. The Service will meet your specific requirements or expectations
  2. The Service will be uninterrupted, secure, or error-free
  3. AI-generated outputs will be accurate, complete, or suitable for any purpose
  4. Any defects will be corrected

11.3 Exclusion of Implied Warranties

To the extent permitted by law, we disclaim all implied warranties, including warranties of merchantability, fitness for a particular purpose, and non-infringement.

11.4 Australian Consumer Law

Nothing in these Terms excludes, restricts, or modifies any guarantee, right, or remedy you may have under the Australian Consumer Law or any other applicable consumer protection laws that cannot be excluded or limited by law.

12. Limitation of Liability

12.1 Exclusion of Consequential Damages

To the maximum extent permitted by law, we will not be liable for any:

  1. Indirect, incidental, special, consequential, or punitive damages
  2. Loss of profits, revenue, data, goodwill, or business opportunities
  3. Costs of procurement of substitute services

regardless of the cause of action or whether we were advised of the possibility of such damages.

12.2 Liability Cap

Our total aggregate liability arising out of or in connection with these Terms or your use of the Service shall not exceed the greater of:

  1. The total fees you paid to us in the twelve (12) months preceding the claim; or
  2. One hundred Australian Dollars (AUD $100)

12.3 Exceptions

The limitations in this section do not apply to:

  1. Liability that cannot be limited by law
  2. Your breach of Section 6 (Acceptable Use Policy)
  3. Your indemnification obligations under Section 13

13. Indemnification

You agree to indemnify, defend, and hold harmless HookedGrowth, its affiliates, officers, directors, employees, agents, and licensors from and against any claims, liabilities, damages, losses, costs, and expenses (including reasonable legal fees) arising out of or related to:

  1. Your use of the Service
  2. Your User Content
  3. Your violation of these Terms
  4. Your violation of any applicable laws or third-party rights
  5. Any dispute between you and a third party related to the Service

14. Termination

14.1 Termination by You

You may terminate your Account at any time by:

  1. Using the account cancellation feature in the Service; or
  2. Contacting us at hello@hookedgrowth.com

14.2 Termination by Us

We may suspend or terminate your access to the Service:

  1. If you breach these Terms
  2. If required by law
  3. If we discontinue the Service
  4. If your use poses a security risk or negatively impacts other users
  5. For any other reason with thirty (30) days’ notice

14.3 Effect of Termination

Upon termination:

  1. Your right to access the Service ends immediately
  2. You remain liable for any outstanding fees
  3. We may delete your Account and User Content after a reasonable period
  4. Provisions that by their nature should survive termination will remain in effect

14.4 Data Retrieval

You are responsible for exporting any data you wish to retain before termination. We may provide data export tools, but we are not obligated to retain or provide access to your data after termination.

15. Dispute Resolution

15.1 Informal Resolution

Before initiating formal proceedings, you agree to first contact us at hello@hookedgrowth.com to attempt to resolve any dispute informally.

15.2 Notice of Dispute

If a dispute arises, the disputing party must provide written notice to the other party detailing:

  1. The nature of the dispute
  2. The desired outcome
  3. The action required to resolve the dispute

15.3 Negotiation

Within twenty-eight (28) days of receiving notice, the parties must endeavour in good faith to resolve the dispute through negotiation.

15.4 Mediation

If the dispute is not resolved within twenty-eight (28) days:

  1. The parties must agree on a mediator or request appointment by the Australian Mediation Association
  2. The parties will share equally the mediator’s fees and venue costs
  3. Each party will bear their own costs associated with the mediation
  4. Mediation will be held in Melbourne, Australia

15.5 Confidentiality

All communications during dispute resolution are confidential and shall be treated as “without prejudice” negotiations.

15.6 Termination of Mediation

If the dispute is not resolved within two (2) months of commencing mediation, either party may request the mediator to terminate the mediation.

15.7 Court Proceedings

Neither party may commence court proceedings unless the above procedures have been followed (except for urgent interlocutory relief).

16. General Provisions

16.1 Governing Law

These Terms are governed by the laws of Victoria, Australia. Any disputes shall be subject to the exclusive jurisdiction of the courts of Victoria, Australia.

16.2 Amendments

We may update these Terms from time to time. We will provide reasonable notice of material changes by:

  1. Posting the updated Terms on the Service
  2. Sending notice to your registered email address
  3. Displaying a notice within the Service

Your continued use of the Service after changes become effective constitutes acceptance of the updated Terms.

16.3 Entire Agreement

These Terms, together with our Privacy Policy and any other policies referenced herein, constitute the entire agreement between you and HookedGrowth regarding the Service.

16.4 Severability

If any provision of these Terms is found to be invalid or unenforceable, that provision shall be severed, and the remaining provisions shall continue in full force and effect.

16.5 Waiver

Our failure to enforce any right or provision of these Terms shall not constitute a waiver of that right or provision.

16.6 Assignment

You may not assign or transfer these Terms or your rights under them without our prior written consent. We may assign these Terms without restriction.

16.7 Force Majeure

We shall not be liable for any failure or delay in performance due to circumstances beyond our reasonable control, including natural disasters, war, terrorism, pandemics, labour disputes, or infrastructure failures.

16.8 Notices

Notices to us should be sent to:

HookedGrowth Pty Ltd
Suite 110 / Level 1
55 Collins Street
Melbourne, VIC 3000
Australia
Email: hello@hookedgrowth.com

Notices to you will be sent to the email address associated with your Account.

17. Contact Information

If you have any questions about these Terms, please contact us:

HookedGrowth Pty Ltd
Suite 110 / Level 1
55 Collins Street
Melbourne, VIC 3000
Australia

Email: hello@hookedgrowth.com
Website: https://www.hookedgrowth.com

These Terms of Use were last updated in January 2025.