These Terms of Service ("Terms") govern your access to and use ofGrowth Hub, the business-management platform provided by Element Softworks Ltd, together with the Growth Hub website and application. By creating an account, being added to a workspace, or using the service, you agree to these Terms.
Please read them alongside our Privacy Policy, which forms part of these Terms.
1. Definitions
- "We", "us", "our" - Element Softworks Ltd (trading as &Element), company number 09486419, registered at Innovation Centre, Knowledge Gateway, Colchester, Essex, CO4 3ZQ, United Kingdom.
- "Growth Hub" / "the service" - the Growth Hub platform, websites, applications, APIs and related services.
- "Customer" - the individual or organisation that subscribes to Growth Hub.
- "Workspace" - a customer's isolated environment within Growth Hub.
- "User" - any individual authorised to access a workspace.
- "Customer Content" - data, records, files and other material that a customer or its users add to, or generate within, the service.
2. The service
Growth Hub is a connected platform for Marketing, Sales, Operations and HR that includes, depending on your plan, CRM and contact management, forms and booking pages, tasks and projects, scheduling and time tracking, email and campaigns, reporting dashboards, an AI Notetaker, and optional integrations with third-party services such as Google, Microsoft and LinkedIn. We may add, change or remove features over time.
3. Accounts and eligibility
You must be at least 18 years old and able to enter into a binding contract to use Growth Hub, and you may use it for business purposes only. You agree to provide accurate account information, to keep your login credentials confidential, and to be responsible for all activity under your account. Notify us promptly at[email protected] if you suspect unauthorised use.
4. Workspaces, roles and authority
A workspace is controlled by its administrators, who can invite or remove users, set roles and permissions, and configure integrations. If you use Growth Hub as part of an organisation's workspace, that organisation is responsible for managing your access and for its use of the service, and administrators may access and manage content within their workspace. If you set up a workspace on behalf of an organisation, you confirm that you are authorised to bind that organisation to these Terms.
5. Subscriptions, fees and billing
- Access to paid features requires a subscription at the fees agreed with you (for example, from £295 per month for the plans described on our website).
- Fees are billed in advance for each billing period and, unless stated otherwise, are exclusive of VAT and other applicable taxes, which you are responsible for paying.
- Subscriptions renew automatically for successive periods unless cancelled before the renewal date. You can cancel by contacting us or through your account, with effect from the end of the current period.
- Except where required by law, fees already paid are non-refundable.
- We may change our fees on reasonable notice; changes take effect at your next renewal.
- If payment fails or is overdue, we may suspend or restrict access until amounts due are paid.
6. Acceptable use
You agree not to, and not to allow anyone to:
- use Growth Hub for any unlawful, fraudulent, harmful or deceptive purpose;
- send unsolicited, unlawful or misleading communications, or use the email and campaign tools in breach of applicable anti-spam and privacy laws (including UK GDPR, PECR and equivalent rules), including failing to honour unsubscribe requests or to have a lawful basis to contact recipients;
- upload or process content you do not have the right to use, or that infringes the rights of others;
- upload malware, or attempt to gain unauthorised access to, disrupt, overload, reverse-engineer or probe the service or other workspaces;
- use the service to build a competing product, or resell or provide it to third parties except as expressly permitted;
- scrape, harvest or extract data from the service other than your own Customer Content, or use automated means in a way that harms the service.
We may investigate suspected breaches and remove content or suspend access where reasonably necessary.
7. Customer Content and ownership
As between you and us, you own your Customer Content. You grant us a worldwide, non-exclusive licence to host, process, transmit and display Customer Content solely to provide, secure and support the service and as otherwise permitted in our Privacy Policy. You are responsible for the accuracy, legality and appropriateness of your Customer Content and for having the necessary rights and lawful bases to process any personal data it contains. Where we process personal data within Customer Content on your behalf, we do so as your processor as described in the Privacy Policy.
8. Third-party integrations
Growth Hub can connect to third-party services such as Google, Microsoft and LinkedIn. Your use of those services is governed by their own terms and privacy policies, and by connecting an account you confirm you are authorised to do so. When you connect Google, our use of information received from Google APIs adheres to theGoogle API Services User Data Policy, including its Limited Use requirements, as set out in our Privacy Policy. Third-party services may change, limit or withdraw their APIs at any time, which may affect related features, and we are not responsible for third-party services.
9. AI features
Growth Hub offers optional AI-assisted features. AI output is generated automatically, may be inaccurate or incomplete, and does not constitute professional advice. You are responsible for reviewing AI output before relying on or acting on it. Details of how AI features process data are in our Privacy Policy.
10. Meeting recording
If you use the AI Notetaker to record and transcribe meetings, you are responsible for complying with all laws that apply to recording those meetings, including informing participants and obtaining any consent required in the relevant jurisdictions. You are the controller of the resulting recordings and transcripts, and we process them on your instructions as described in our Privacy Policy.
11. Intellectual property
The service, including its software, design, branding and content (other than Customer Content), is owned by us or our licensors and is protected by intellectual property laws. These Terms grant you a limited, non-exclusive, non-transferable right to use the service during your subscription; no other rights are granted. If you send us feedback or suggestions, you grant us a perpetual, royalty-free licence to use them to improve the service.
12. Confidentiality
Each party may receive confidential information from the other. Each party agrees to protect the other's confidential information with reasonable care and to use it only to perform its obligations under these Terms, except where disclosure is required by law.
13. Availability, support and changes
We aim to keep the service available and to provide reasonable support, but unless a separate service-level agreement applies, the service is provided without any uptime guarantee. We may perform maintenance, and may modify, suspend or discontinue features, giving reasonable notice of material adverse changes where practicable.
14. Suspension and termination
You may stop using the service and close your account at any time. We may suspend or terminate your access if you materially breach these Terms (including non-payment or breach of section 6), if required by law, or to protect the service or other users. On termination, your right to use the service ends. We will make Customer Content available for export for a limited period after termination, after which we may delete it in the ordinary course, subject to any retention required by law and to our Privacy Policy.
15. Warranties and disclaimers
The service is provided "as is" and "as available". To the fullest extent permitted by law, we exclude all implied warranties, including merchantability, fitness for a particular purpose and non-infringement. We do not warrant that the service will be uninterrupted, error-free or secure, or that it will meet your specific requirements. Nothing in these Terms affects any statutory rights you have that cannot be excluded.
16. Limitation of liability
Nothing in these Terms limits liability that cannot be limited by law, including for death or personal injury caused by negligence, or for fraud. Subject to that, we are not liable for indirect, incidental, special or consequential loss, or for loss of profits, revenue, goodwill, data or anticipated savings; and our total aggregate liability arising out of or in connection with the service in any 12-month period is limited to the fees you paid to us for the service in that period.
17. Indemnity
You agree to indemnify us against claims, losses and costs (including reasonable legal fees) arising from your Customer Content, your use of the service in breach of these Terms, or your violation of any law or third-party right.
18. Changes to these Terms
We may update these Terms from time to time. When we make material changes, we will update the "last updated" date above and, where appropriate, notify you through the service or by email. Continued use of the service after a change takes effect means you accept the updated Terms.
19. Governing law and jurisdiction
These Terms and any dispute arising out of or in connection with them are governed by the laws of England and Wales, and the courts of England and Wales have exclusive jurisdiction, save that if you are a consumer you may benefit from mandatory provisions of the law of your country of residence.
20. General
- Entire agreement - these Terms and the documents they refer to are the entire agreement between us regarding the service.
- Assignment - you may not assign these Terms without our consent; we may assign them in connection with a reorganisation, merger or sale.
- Severability - if any provision is unenforceable, the rest remain in effect.
- No waiver - a failure to enforce a provision is not a waiver of it.
- Force majeure - neither party is liable for delay or failure caused by events beyond its reasonable control.
- Notices - we may give notice through the service or by email; formal notice to us should be sent to the address below.