Terms of Service

Last updated: January 19, 2026

These Terms of Service (“Terms”) govern your use of The Growth Motion website and your purchase of our digital products and/or services. By using our website or purchasing from us, you agree to these Terms.

1) Company details

The Growth Motion

Legal entity: The Growth Motion
Address: Outshoornlaan 4, 1222 LL Hilversum, Netherlands
Email: hello@thegrowthmotion.com
KvK: 98656333
VAT: 568712687B01

2) Services and products covered

We offer:

Specific scope, pricing, timelines, and deliverables may be defined in a proposal, statement of work (SOW), or contract. If there is a conflict between these Terms and a signed SOW/contract, the signed SOW/contract controls.

3) Definitions

“Deliverables” means the specific outputs we create for the Client during a paid engagement (e.g., research summaries, workshops outputs, user journeys, information architecture, wireframes, UI designs, Figma prototypes, MVP backlogs, documentation, and handoff packs), as described in a proposal/SOW.

“Pre-Existing Materials” means any templates, frameworks, checklists, methods, code libraries, design systems, tooling, internal automations, reusable assets, or know-how we created or owned before the engagement or that we develop independently of the Client’s confidential information.

“Prototype” means a non-production concept or clickable design intended for testing, alignment, and validation, not a production-ready application.

“Third-Party Providers” means external vendors such as developers, security advisors, hosting providers, or other specialists introduced or managed as part of the engagement.

4) Eligibility and acceptable use

You agree you will not:

We may suspend access for violations.

5) Orders, payments, and delivery (digital products)

Payments

Prices are shown in EUR and may include/exclude VAT depending on checkout settings and your location. Payment is handled by third-party processors (e.g., Stripe/PayPal).

Digital delivery

Digital products are delivered via download link, email, or account access. You are responsible for providing a correct email address and maintaining access to your account.

Taxes

You are responsible for any taxes or duties that apply to your purchase, unless required otherwise by law.

Services – retainers and hourly billing

(a) Retainers: Retainers are prepaid monthly and provide priority scheduling. Unused hours expire at month-end unless otherwise stated in the proposal/SOW.

(b) Overages: Work beyond the retainer allocation is billed monthly at the agreed rate stated in the proposal/SOW.

(c) Scheduling: The Client is responsible for timely feedback and attendance. Delays in approvals or inputs may shift timelines.

(d) Expenses / pass-through costs: Any agreed pass-through costs (e.g., software subscriptions, paid research, travel, Third-Party Providers) are billed separately unless included in writing.

(e) Payment terms: Invoices are due within 14 days unless otherwise stated. Late payments may pause work until accounts are current.

6) Refunds and right of withdrawal (EU consumers)

Digital products (downloads / instant access)

If you are an EU consumer, you generally have a 14-day right of withdrawal for online purchases. However, for digital content, this right is waived if:

By purchasing a digital product from us, you agree to this waiver.

Refund policy: If the product has been accessed or downloaded, refunds are generally not provided unless required by law or if there is a proven technical failure preventing access that we cannot resolve.

If you have not accessed the product and the law grants a withdrawal right, you may request a refund within 14 days of purchase.

Services (consulting/production)

Service deposits and milestone payments are generally non-refundable once work has started, unless your contract states otherwise. If a project is cancelled, payment obligations are handled per your SOW/contract.

7) Client responsibilities (services)

To deliver services, you agree to:

Delays in approvals or materials may shift project timelines.

Change requests: If the Client requests changes that materially alter scope, timelines, or deliverables, we will propose a revised scope and/or fees in writing (change order) before proceeding.

8) Confidentiality

Each party may receive confidential information from the other during the engagement (“Confidential Information”). Each party agrees to protect Confidential Information using reasonable care and not disclose it to any third party except: (a) with the disclosing party’s written permission, or (b) to employees/contractors who need it to perform the services and are bound by confidentiality obligations. Confidentiality does not apply to information that is publicly available, independently developed without use of Confidential Information, or rightfully received from another source without restriction.

9) Intellectual property (IP)

7.1 Pre-Existing Materials

All Pre-Existing Materials remain the exclusive property of The Growth Motion. We may use Pre-Existing Materials to perform the services.

7.2 Client Deliverables (ownership)

Upon full payment of all invoices due for the engagement, the Client owns the Deliverables created specifically for the Client under a proposal/SOW, excluding Pre-Existing Materials.

7.3 License to use Pre-Existing Materials

To the extent any Pre-Existing Materials are embedded in or necessary to use the Deliverables, we grant the Client a perpetual, worldwide, non-exclusive license to use those Pre-Existing Materials only as part of the Deliverables for the Client’s internal business purposes and to build/operate the Client’s product. The Client may not resell or sublicense Pre-Existing Materials as a standalone product.

7.4 Sharing with contractors / developers

The Client may share Deliverables with employees, contractors, and vendors (including developers and security advisors) solely for the purpose of building or operating the Client’s product, provided those parties are bound by confidentiality obligations at least as protective as those in the Client’s agreement with us.

7.5 Our know-how

We retain the right to use and reuse generalized knowledge, ideas, skills, and experience gained during the engagement, as long as we do not disclose the Client’s confidential information.

7.6 Portfolio use

Unless the Client objects in writing, the Client grants us permission to display non-confidential work (e.g., finished videos, thumbnails, case studies, product designs) in our portfolio. We will not share sensitive metrics or confidential data without permission.

10) Digital product license (no resale)

When you buy a digital product, you receive a non-exclusive, non-transferable, revocable license to use it for yourself or your organization.

You may not:

We may revoke access for violations.

11) Third-party tools and links

We may reference or integrate third-party platforms (e.g., YouTube, Google, Adobe, Stripe). Your use of those tools is governed by their terms. We are not responsible for their downtime, policy changes, or account actions.

12) Third-party providers (developers, security advisors, hosting)

If we introduce, recommend, or help manage Third-Party Providers, the Client acknowledges:

(a) Third-Party Providers are separate businesses and may have their own terms, statements of work, and fees.

(b) Third-Party Provider fees (including development and security advisors) are not included in our consulting fees unless explicitly stated in writing.

(c) Unless explicitly agreed in writing, the Client contracts directly with Third-Party Providers and is responsible for their payment.

(d) We do not guarantee Third-Party Provider performance, delivery timelines, or outcomes.

(e) If we provide build management or coordination, this is advisory/management support and does not make us the employer of any Third-Party Provider.

13) Disclaimers

We provide strategy and creative services, but we do not guarantee results (e.g., views, subscribers, revenue, or market adoption). Performance depends on many factors outside our control, including platform algorithms, market conditions, audience response, and client execution.

Prototype / MVP planning disclaimer: Any prototype, MVP plan, or architectural guidance is provided for planning, validation, and alignment purposes. Unless explicitly stated in a signed SOW, Deliverables are not production-ready software and may not address performance, scalability, security hardening, penetration testing, regulatory compliance, or full technical implementation. Production development requires dedicated engineering work and may require security and compliance review.

The website, products, and services are provided “as is” to the fullest extent permitted by law.

14) Limitation of liability

To the maximum extent permitted by law:

15) Indemnity

You agree to indemnify and hold us harmless against claims arising from:

16) Termination

We may suspend or terminate access to the site or digital products if you violate these Terms. For services, termination conditions are defined in your SOW/contract. Outstanding invoices remain payable.

17) Privacy

Our Privacy Policy explains how we handle personal data and forms part of these Terms.

18) Changes to these Terms

We may update these Terms. Changes apply from the “Last updated” date. Continued use of the site means you accept the updated Terms.

19) Governing law and disputes

These Terms are governed by the laws of the Netherlands.

20) Contact

For support or questions regarding these Terms, please contact us at:
Email: hello@thegrowthmotion.com