Terms of Service
Last updated: February 27, 2026
1. Services
Growaton ("we," "us," or "our") provides integrated growth development services, including but not limited to: product management, software engineering, experimentation design and execution, analytics instrumentation, conversion rate optimization, and marketing channel enablement. Services are delivered through monthly retainer engagements as outlined in individual service agreements.
2. Engagement Structure
Engagements are structured as monthly retainers. The specific scope, deliverables, and capacity are defined in the service agreement between Growaton and the client. Unless otherwise agreed, initial engagements require a minimum three-month commitment to allow sufficient time for diagnostics, implementation, and measurement. After the initial period, engagements continue on a month-to-month basis with 30 days written notice required for termination.
3. Payment Terms
Unless otherwise specified in a service agreement:
- Retainer fees are invoiced monthly in advance
- Payment is due within 15 days of invoice date
- Late payments may incur a 1.5% monthly fee on outstanding balances
- All fees are in US Dollars unless otherwise agreed
4. Intellectual Property
All work product created specifically for the client during an engagement (including code, designs, copy, and strategies) is owned by the client upon full payment. Growaton retains ownership of proprietary tools, methodologies, frameworks, and general knowledge developed independently or prior to the engagement. We reserve the right to use general learnings and anonymized insights from engagements to improve our services.
5. Confidentiality
Both parties agree to maintain the confidentiality of all proprietary information shared during the engagement. This includes business data, technical information, strategies, financial data, and any other information reasonably considered confidential. Confidentiality obligations survive the termination of any engagement for a period of two (2) years.
6. Data Access and Security
To deliver our services, we may require access to client analytics platforms, codebases, marketing tools, and other systems. The client is responsible for providing appropriate access levels. We follow industry-standard security practices to protect client data and systems. Upon engagement termination, we will return or destroy all client data and credentials within 30 days.
7. Limitation of Liability
Growaton's total liability for any claim arising from our services shall not exceed the total fees paid by the client in the three (3) months preceding the claim. We are not liable for indirect, incidental, special, or consequential damages, including lost revenue, lost profits, or business interruption, regardless of the theory of liability. Growth outcomes depend on many factors beyond our control, and we do not guarantee specific revenue or conversion results.
8. Termination
Either party may terminate an engagement:
- After the initial commitment period, with 30 days written notice
- Immediately, if the other party materially breaches these terms and fails to cure within 15 days of written notice
- Immediately, if the other party becomes insolvent or files for bankruptcy
Upon termination, the client is responsible for payment of all fees for services rendered through the termination date.
9. Warranties and Disclaimers
We warrant that our services will be performed in a professional manner consistent with industry standards. Except as expressly stated, all services are provided "as is" without warranties of any kind, whether express or implied, including warranties of merchantability or fitness for a particular purpose.
10. Governing Law
These terms are governed by the laws of the Republic of Guatemala. Any disputes arising under these terms shall be resolved through good-faith negotiation, and if necessary, binding arbitration in Guatemala City.
11. Changes to These Terms
We may update these terms from time to time. Material changes will be communicated to active clients at least 30 days before they take effect. Continued use of our services after changes take effect constitutes acceptance of the updated terms.
12. Contact
For questions about these terms, contact us at:
GrowatonEmail: info@growaton.com
Phone: +502 2372-5164
Design Center Diagonal 6 12-42
Ciudad de Guatemala 01010, Guatemala