Growth Hub sp. z o.o. · last updated 31 August 2026
These Terms govern the provision of the Growth Mention service by Growth Hub sp. z o.o. In outline: the Client subscribes to a Plan, the Service puts the Client's Prompts to AI assistants each day and reports what they answer, the Client retains its own data, and either party may end the agreement without penalty. Clause 6 constitutes the data processing agreement required by Article 28 GDPR.
These Terms of Service (the Terms) set out the rules for the provision and use of the Growth Mention service and constitute the agreement between the Provider and the Client (the Agreement).
The Provider is Growth Hub sp. z o.o., with its registered office at ul. gen. Tadeusza Pełczyńskiego 14D/149, 01-471 Warszawa, Poland, entered in the register of entrepreneurs of the National Court Register under KRS 0001093247 by Sąd Rejonowy dla m.st. Warszawy w Warszawie, NIP 5223291362, REGON 528060832, share capital PLN 5,000.
The Agreement is concluded when the Client creates an Account and accepts these Terms. A person accepting these Terms on behalf of an entity represents that they are authorised to bind that entity.
The Service is addressed to entrepreneurs and to persons acting in a professional capacity. Where the Client is a consumer, or a natural person conducting business activity for whom the Agreement is not of a professional character, the provisions of these Terms apply to the extent that they do not exclude or limit the rights conferred on that person by mandatory provisions of law.
The Privacy Policy forms an integral part of the Agreement.
In these Terms the following capitalised terms have the meanings given below:
The Service consists in the cyclical submission of Prompts to AI Assistants, the recording of the answers obtained, and their analysis and presentation to the Client, in particular as regards the occurrence of brands in those answers, their position and sentiment, and the sources cited.
Prompts are submitted through the publicly available interfaces of AI Assistants and not through their programming interfaces. This is a deliberate characteristic of the Service, since the answers presented to users of those interfaces differ from those returned by programming interfaces.
The Provider does not control, influence or predict the content of answers given by AI Assistants. The Provider does not warrant that the Client's brand will appear in those answers, that it will appear more frequently, or that it will be presented favourably. The Service measures visibility; it does not create it.
The Output is generated with the participation of third-party systems, including language models, and may contain errors, omissions or inaccuracies. The Provider does not warrant the accuracy, completeness or fitness of the Output for any particular purpose, and decisions taken by the Client on the basis of the Output are taken at the Client's own risk.
The Provider reserves the right to modify the list of AI Assistants covered by the Service where an AI Assistant permanently ceases to be available, changes its terms of use, or blocks access to its interface. Where such a change materially reduces the scope of the Plan held by the Client, clause 16.3 applies.
Where the collection of answers for a given day fails, the Service records that fact and presents it as such. A day without data and a day with a nil result are never presented as the same state.
The Provider may make available functionalities designated as test or preview functionalities. Such functionalities are made available in the state in which they exist, may be modified or withdrawn at any time, and are not covered by clause 8.1. Their use is voluntary and requires no separate declaration.
An Account is created by registration. The Client is obliged to provide true data and to keep it up to date, in particular the email address, which constitutes the address for notices under clause 17.3.
The Client is responsible for maintaining the confidentiality of credentials and for all acts and omissions of Users acting under its Account, as for its own.
The Client shall notify the Provider without delay at legal@growthmention.com of any suspected unauthorised access. The Provider shall then terminate the affected sessions.
The number of Users, organisations, projects and active Prompts is limited by the Plan. Exceeding a limit does not give rise to an additional fee; the Service prevents the action and indicates the limit reached.
Use of the Service requires: a device with access to the internet; a current version of a web browser (Chrome, Firefox, Safari or Edge) with JavaScript and cookie handling enabled; and an active email address. Agent Analytics additionally requires the ability to place a script or plug-in on the Client's website. The Provider does not warrant the correct operation of the Service in configurations departing from these requirements.
The Client shall not, and shall not permit any User to:
The Provider undertakes not to pursue claims against any person who reports a security vulnerability in good faith to legal@growthmention.com and allows a reasonable period for its removal before disclosure.
The Client shall not take action imposing a load on the infrastructure of the Service materially exceeding that arising from ordinary use of the Plan, in particular automated querying of the interface of the Service at a frequency disrupting its operation. Where such action occurs the Provider may limit the rate of requests, having informed the Client of that fact and of its reason.
The Client shall release the Provider from liability and cover the reasonable costs of defence in the event of third-party claims arising from: (a) the content of Prompts; (b) use of the Output contrary to clause 5.1(b); (c) implementation of Agent Analytics contrary to clause 5.1(e); or (d) other use of the Service contrary to these Terms or to the law. The Provider shall notify the Client of such a claim without delay, shall not acknowledge or settle it without the Client's consent, which shall not be unreasonably withheld, and shall enable the Client to participate in its defence. This clause does not apply to a Client who is a consumer or a person referred to in clause 1.4.
In relation to the personal data of the Client and Users, the Provider acts as controller, on the terms set out in the Privacy Policy.
In relation to data collected by means of Agent Analytics, the Client is the controller and the Provider is the processor. Clauses 6.3 to 6.6 constitute the data processing agreement within the meaning of Article 28(3) GDPR, and no separate instrument is required.
The subject matter of the processing is the provision of Agent Analytics; its duration corresponds to the term of the Agreement; its nature and purpose is the recording and presentation to the Client of requests made to the Client's website. The categories of data and the retention periods are specified in the Privacy Policy. The Client entrusts the Provider with that data for that purpose alone.
The Provider undertakes to:
Ensuring a legal basis for the processing carried out by means of Agent Analytics, and the provision of information to data subjects, rests with the Client.
Where the Client's procurement process requires a separately executed instrument, the Provider shall execute one, identifying the individual sub-processors by name, upon request sent to legal@growthmention.com.
The Client shall not include personal data in the content of Prompts. Prompts are transmitted to AI Assistants and to the providers referred to in the Privacy Policy.
The Service is provided against payment, in monthly or annual settlement periods selected by the Client. The Plan renews automatically for a further period unless terminated in accordance with clause 12.
An annual Plan is charged in advance in an amount corresponding to ten monthly periods.
Fees are stated net of value added tax. Tax is settled at the time of payment according to the Client's place of establishment and the validity of the EU VAT number provided. A Client established in another member state of the European Union which provides a valid VAT number is invoiced under the reverse charge mechanism; other Clients are charged Polish VAT.
Payments are handled by an external payment operator. The Provider does not obtain or store payment card data.
Where payment is not made, access to the Service is suspended on the day the payment becomes due. No grace period applies and no debt arises on the Client's part. The Client's data is not deleted, and access is restored upon payment.
A Client concluding its first subscription receives a Trial Period of 7 days on the Plan selected, during which no fee is charged. Upon expiry of the Trial Period the Plan commences and is charged at its ordinary price, unless the Client has terminated beforehand. The Trial Period is granted once per Account and is not available on a further or renewed subscription.
The Provider may change the fees, notifying the Client by email at least 30 days in advance. A change does not affect a settlement period already paid for. Where the Client does not accept the change, it may terminate the Agreement before the change takes effect.
The Client may set off its claims against claims of the Provider only where its claim is undisputed by the Provider or has been finally adjudicated. This restriction does not apply to a Client who is a consumer or a person referred to in clause 1.4.
In the event of delay in payment the Provider is entitled to statutory interest for delay in commercial transactions, and in relation to a Client referred to in clause 1.4, to statutory interest for delay.
The Provider shall exercise due care to ensure the continuous availability of the Service and the daily execution of Prompts. The Provider does not undertake a contractual availability level and does not publish an availability figure it does not measure.
Planned maintenance work expected to interrupt the Service is announced in the Service in advance and, so far as possible, scheduled outside European business hours. Urgent work relating to security may be carried out without prior notice.
The Provider is not liable for interruptions arising from the unavailability of an AI Assistant, or from a failure on the part of an infrastructure provider, subject to clause 14.
The Provider may suspend access to the Service in whole or in part, without prior notice, where this is necessary to avert an immediate threat to the security or integrity of the Service or of the data processed within it. The Provider shall inform the Client of the suspension and of its reason without delay and shall restore access as soon as the reason ceases. Where a suspension under this clause lasts longer than 48 hours, the Client is entitled to a proportionate reduction of the fee for the settlement period concerned.
The Client retains all rights to the data it introduces into the Service, in particular to Prompts, brand designations and project configurations, and acquires the right to use the Output without restriction, including for commercial purposes and in services rendered to its own customers.
The Client may export its data in CSV format at any time. The Provider does not condition export on any additional consent.
The Provider retains all rights to the Service, including the software, the interface, the analytical methodology and the designations used. The conclusion of the Agreement does not transfer those rights and does not grant a licence beyond that necessary to use the Service in accordance with these Terms.
The Provider may use aggregated and anonymised statistics concerning the operation of the Service for the purpose of its provision and development, provided that such data does not permit the identification of the Client, its brands or its Prompts.
Where the Client submits suggestions, comments or proposals concerning the Service, the Provider may use them without restriction as to territory, time or purpose and without remuneration. This does not affect the Client's rights to its own data and does not transfer any of the Client's intellectual property rights beyond the extent necessary for such use.
The Provider may state that the Client uses the Service and, for that purpose alone, use the Client's business name and logotype on its website and in materials presenting the composition of its client base. The Provider shall not thereby disclose the content of Prompts, the Output or any other information covered by clause 10. The Client may object at any time by notice to legal@growthmention.com, and the Provider shall cease such use within 14 days of receipt of the objection.
Each party shall keep confidential the information of the other party obtained in connection with the Agreement which is designated as confidential or which, by its nature, should be regarded as such, in particular the content of Prompts and the Output.
The obligation does not extend to information which is publicly available, which was known to the receiving party beforehand, or the disclosure of which is required by law or by a competent authority. In the latter case the disclosing party shall, where permitted, inform the other party.
The obligation survives for three years following termination of the Agreement.
Nothing in these Terms excludes or limits liability for damage caused intentionally, for damage to life or health, or any other liability which cannot be excluded or limited under mandatory provisions of law.
Subject to clause 11.1, the Provider's total liability under the Agreement in any twelve-month period is limited to the amount of fees paid by the Client in the twelve months preceding the event giving rise to the damage.
Subject to clause 11.1, the Provider is not liable for lost profits, loss of business opportunity, or for the consequences of decisions taken by the Client on the basis of the Output.
Where the Client is a consumer or a person referred to in clause 1.4, the limitations in clauses 11.2 and 11.3 apply only to the extent permitted by law.
The Agreement is concluded for an indefinite period and may be terminated by the Client at any time, without stating reasons, by means of the function available in the Service.
Termination takes effect at the end of the settlement period paid for. Fees for a period already commenced are not refunded, save where mandatory provisions of law provide otherwise or where the Provider has failed to perform the Agreement.
The Provider may suspend or terminate the Agreement where the Client materially or repeatedly breaches these Terms, where payment is not made, or where required to do so by law. Save where delay would give rise to damage, the Provider shall first indicate the breach and set an adequate period for its remedy.
Following termination the Client has 30 days to export its data. Upon expiry of that period the data is deleted irreversibly.
A Client who is a consumer, or a person referred to in clause 1.4, may withdraw from the Agreement within 14 days of its conclusion without stating reasons, by a declaration sent to legal@growthmention.com.
Where such a Client requests that provision of the Service commence before expiry of the period referred to in clause 12.5 and acknowledges that it will thereby lose the right of withdrawal upon full performance, the right of withdrawal expires upon full performance by the Provider. Where the Service has been performed only in part by the time of withdrawal, that Client is obliged to pay for the performance rendered up to that moment.
Throughout the term of the Agreement and during the period referred to in clause 12.4, the Provider shall enable the Client to retrieve its data in a structured, commonly used and machine-readable format, without additional charge and without conditions restricting a change of service provider. This clause gives effect to the obligations relating to switching between data processing services.
Complaints concerning the Service, invoicing or the processing of data are submitted to legal@growthmention.com, indicating the email address of the Account, a description of the matter with the date of its occurrence, and the Client's request.
The Provider considers a complaint within 14 days. Where consideration requires a longer period, the Provider shall so inform the Client within that period, stating the reason and the anticipated date of reply.
Submission of a complaint does not affect the Client's right to pursue claims before a court.
Neither party is liable for non-performance or improper performance of the Agreement caused by circumstances beyond its control, in particular a general failure of telecommunications or infrastructure providers, an act of public authority, a natural disaster, armed conflict, or the withdrawal or blocking of access to the interface of an AI Assistant.
The party affected shall inform the other of the circumstance and of the measures taken. Where such a circumstance prevents provision of the Service for more than 30 consecutive days, either party may terminate the Agreement with immediate effect, and the Provider shall refund the unused portion of any prepaid fee.
The Client may not transfer rights or obligations under the Agreement without the Provider's written consent, which shall not be unreasonably withheld.
The Provider may transfer rights and obligations under the Agreement in connection with a sale, merger or reorganisation of its enterprise, having notified the Client at least 30 days in advance. Where the Client does not wish to continue the Agreement with the acquirer, it may terminate before the transfer takes effect and receive a refund of the unused portion of any prepaid fee.
A transfer does not affect the Client's rights in respect of its data or the rights of data subjects.
The Provider may amend these Terms for important reasons, in particular a change in the functionality of the Service, a change in the law, or the need to remove an ambiguity.
Material amendments are notified by email at least 30 days before they take effect. Where the Client does not accept an amendment, it may terminate the Agreement before that date. Continued use of the Service thereafter constitutes acceptance.
Where an amendment, or a change under clause 3.5, materially reduces the scope of the Plan held by the Client, the Client may terminate the Agreement with immediate effect and receive a refund of the unused portion of any prepaid fee.
Should any provision of these Terms be found invalid or unenforceable, it shall be severed and replaced by a lawful provision closest to its intended purpose; the remaining provisions remain in force.
These Terms together with the Privacy Policy constitute the entire agreement between the parties as to the subject matter of the Agreement and supersede any prior arrangements. This does not exclude liability for a statement made fraudulently.
Notices are delivered to the Client at the email address assigned to the Account, and to the Provider at the addresses indicated in these Terms.
A failure to exercise a right, or a delay in exercising it, does not constitute a waiver of that right or of any subsequent one.
The Agreement does not establish a partnership, an employment relationship or an agency between the parties.
Termination of the Agreement does not affect clauses 5.4, 9, 10, 11, 17 and 18, which remain in force to the extent necessary for the purpose for which they were agreed.
These Terms are drawn up in English. Where the Provider makes a translation available, it serves informational purposes and in the event of divergence the English version prevails — save in relation to a Client referred to in clause 1.4, for whom the version in the language in which the Agreement was concluded prevails.
The Agreement is governed by Polish law.
The parties shall endeavour to resolve disputes amicably. Correspondence is directed to legal@growthmention.com.
Disputes not resolved amicably are subject to the jurisdiction of the court having jurisdiction over the Provider's registered office. This does not deprive a person referred to in clause 1.4 of the protection or of the jurisdiction conferred by the mandatory provisions of the law of their place of residence.
A consumer may make use of out-of-court means of dispute resolution, in particular proceedings before the Provincial Inspectorate of Trade Inspection (Wojewódzki Inspektorat Inspekcji Handlowej) or the assistance of the district consumer ombudsman (powiatowy rzecznik konsumentów). The Provider is not obliged to participate in such proceedings and does not undertake to do so.
Growth Hub sp. z o.o.
ul. gen. Tadeusza Pełczyńskiego 14D/149, 01-471 Warszawa, Poland
KRS 0001093247 · NIP 5223291362 · REGON 528060832
Registered by Sąd Rejonowy dla m.st. Warszawy w Warszawie · share capital PLN 5,000
legal@growthmention.com — or hello@growthmention.com for anything else.
