Privacy Policy, Terms & Conditions, and Cookies Policy

Terms & Conditions

Topo Growth Consulting, LLC  |  Last updated: May 9, 2026

These Terms and Conditions (“Terms”) govern your access to and use of the website at topogrowth.com and the services provided by Topo Growth Consulting, LLC (“Topo Growth,” “we,” “us,” or “our”). By accessing our website or engaging our services, you agree to be bound by these Terms. If you do not agree, please do not use our site or services.

1. Services

Topo Growth provides marketing strategy, growth consulting, content creation, copywriting, email marketing, digital advertising management, and web strategy services (collectively, “Services”). The specific scope, deliverables, timeline, and fees for each engagement are set out in a separate Statement of Work (“SOW”) or service agreement signed by both parties. In the event of any conflict between these Terms and an SOW, the SOW controls.

2. Eligibility

By using our website or engaging our Services, you represent that you are at least 18 years of age, have the authority to enter into binding agreements on behalf of yourself or your organization, and will use our Services only for lawful purposes.

3. Fees and Payment

Fees

Fees for Services are set forth in your SOW or proposal. All fees are quoted and payable in U.S. dollars unless otherwise specified in writing.

Invoicing and Payment

Invoices are issued per the schedule agreed in your SOW. Payment is due within 14 days of the invoice date unless otherwise stated. We accept payment by bank transfer, ACH, or such other methods as we specify.

Late Payments

Invoices not paid by the due date may accrue interest at the lesser of 1.5% per month or the maximum rate permitted by applicable law. We reserve the right to suspend Services for accounts that are overdue by more than 30 days, without liability for any resulting delays.

Expenses

Unless stated otherwise in the SOW, out-of-pocket expenses (such as advertising spend, software subscriptions, or travel) are billed separately and require your prior written approval.

4. Client Responsibilities

To enable us to deliver Services effectively, you agree to:

• Provide accurate, complete, and timely information, materials, and approvals as reasonably requested
• Designate a primary point of contact with authority to make decisions
• Ensure that any content, assets, or data you provide does not infringe third-party rights or violate applicable law
• Review and provide feedback on deliverables within the timeframes agreed in the SOW

We are not liable for delays or deficiencies in Services caused by your failure to meet these responsibilities.

5. Intellectual Property

Our Pre-existing IP

All methodologies, frameworks, tools, templates, and know-how developed by Topo Growth prior to or independently of any engagement (“Background IP”) remain our exclusive property. Nothing in these Terms or any SOW transfers ownership of Background IP to you.

Work Product

Upon receipt of full payment for an engagement, we assign to you all rights, title, and interest in the bespoke deliverables created specifically for you under that SOW (“Work Product”), excluding any Background IP incorporated therein. We grant you a perpetual, non-exclusive, royalty-free license to use any Background IP incorporated in Work Product solely in connection with the Work Product.

Your Content

You retain all rights to content, data, trademarks, and materials you provide to us. You grant us a limited license to use such materials solely to perform the Services.

6. Confidentiality

Each party agrees to keep confidential all non-public, proprietary, or sensitive information disclosed by the other party in connection with the Services (“Confidential Information”), and to use it solely for the purpose of performing or receiving Services. This obligation does not apply to information that: (a) is or becomes publicly available through no breach of this clause; (b) was already known to the receiving party; (c) is received lawfully from a third party; or (d) must be disclosed by law or court order, provided the disclosing party is given prompt notice where permitted.

7. Representations and Warranties

By Topo Growth

We represent that we will perform Services in a professional and workmanlike manner consistent with industry standards, and that we have the right to enter into these Terms.

By You

You represent that you have full authority to enter into and perform your obligations under these Terms and any SOW, and that your use of the Services will comply with all applicable laws and regulations.

8. Disclaimer of Warranties

EXCEPT AS EXPRESSLY STATED HEREIN, SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE.” WE DISCLAIM ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. WE DO NOT GUARANTEE SPECIFIC MARKETING RESULTS, REVENUE OUTCOMES, SEARCH RANKINGS, OR ADVERTISING PERFORMANCE.

9. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT WILL TOPO GROWTH BE LIABLE FOR INDIRECT, INCIDENTAL, CONSEQUENTIAL, PUNITIVE, OR SPECIAL DAMAGES, OR LOSS OF PROFITS OR REVENUE, ARISING OUT OF OR RELATED TO THESE TERMS OR THE SERVICES, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. OUR TOTAL CUMULATIVE LIABILITY FOR ANY CLAIM ARISING UNDER THESE TERMS WILL NOT EXCEED THE FEES PAID BY YOU TO US IN THE THREE MONTHS IMMEDIATELY PRECEDING THE CLAIM.

10. Indemnification

You agree to indemnify, defend, and hold harmless Topo Growth and its members, officers, employees, and contractors from and against any claims, damages, losses, and expenses (including reasonable attorneys’ fees) arising from: (a) your breach of these Terms; (b) your use of the Services in violation of applicable law; or (c) content or materials you provide to us.

11. Term and Termination

Term

These Terms remain in effect for the duration of any active SOW and for so long as you access our website.

Termination for Convenience

Either party may terminate an SOW for convenience upon 30 days’ written notice. You remain responsible for fees for Services performed up to the effective termination date, plus any non-cancellable expenses incurred on your behalf.

Termination for Cause

Either party may terminate immediately upon written notice if the other party materially breaches these Terms or an SOW and fails to cure such breach within 14 days of receiving written notice of the breach.

Effect of Termination

Upon termination, we will deliver any completed deliverables for which payment has been received, you will pay all outstanding amounts, and each party will return or destroy the other’s Confidential Information upon request.

12. Governing Law and Dispute Resolution

These Terms are governed by the laws of the State of California, without regard to its conflict-of-laws principles. Any dispute arising under these Terms that cannot be resolved informally will be submitted to binding arbitration administered by JAMS under its Streamlined Arbitration Rules. Arbitration will take place in Marin County, California. Notwithstanding the foregoing, either party may seek injunctive or other equitable relief in any court of competent jurisdiction.

13. General Provisions

• Entire Agreement: These Terms, together with any SOW, constitute the entire agreement between the parties regarding the subject matter herein and supersede all prior negotiations, representations, or agreements.
• Amendments: We may update these Terms from time to time. Material changes will be communicated via email or notice on our website. Continued use of our Services after the effective date constitutes acceptance.
• Waiver: Failure to enforce any provision of these Terms does not constitute a waiver of that right.
• Severability: If any provision is found unenforceable, the remaining provisions will continue in full force and effect.
• Assignment: You may not assign your rights under these Terms without our prior written consent. We may assign our rights without restriction.
• No Partnership: Nothing in these Terms creates a partnership, joint venture, employment, or agency relationship between the parties.

14. Contact

Questions about these Terms? Please reach out at:

Topo Growth Consulting, LLC
Email: pete@topogrowth.com
Website: topogrowth.com