Terms of Use

These Terms of Use (“Terms”) govern your access to and use of www.lakesidegrowth.com (the “Site”) and any content, tools, applications, or services made available by Lakeside Consultancy LLC d/b/a Lakeside Growth (“Lakeside,” “we,” “us,” or “our”), including the Software and Services (as defined in our Master Services Agreement). BY ACCESSING OR USING THE SITE OR SERVICES, YOU AGREE TO THESE TERMS. IF YOU DO NOT AGREE, DO NOT USE THE SITE OR SERVICES.

1. Eligibility

You represent that you are at least 18, have legal capacity to enter into these Terms, and, if accepting on behalf of an entity, are authorized to bind that entity. The Site and Services are intended for business use.

2. Relationship to the MSA

These Terms govern general use of the Site. Paid engagements, including Software access, Support Services, marketing, agency, lead generation, and consulting work, are governed by the Master Services Agreement and the applicable Order, Statement of Work, or Proposal (collectively, the “MSA”). In any conflict between these Terms and an executed MSA, the MSA controls with respect to its subject matter.

3. Accounts; Authorized Users

Certain features require an account. You agree to provide accurate information, maintain the security of your credentials, promptly notify us of any unauthorized use, and accept responsibility for activities under your account and those of your Authorized Users.

4. Acceptable Use; Restrictions

You will not, and will not permit any third party to:

• Use the Site or Services in violation of any law or third-party right.
• Copy, modify, or create derivative works of the Software.
• Reverse engineer, decompile, scrape, or otherwise attempt to derive the source code, prompts, models, workflows, or underlying organization of the Software or Lakeside IP.
• Rent, lease, sublicense, or resell the Services.
• Use the Services to build or assist in building a competing product.
• Bypass security or access controls, interfere with the Services, or upload malicious code.
• Send spam or engage in any unlawful, deceptive, harassing, or abusive practice.

5. Intellectual Property

As between the Parties, Lakeside owns all right, title, and interest in the Software, platforms, methodologies, know-how, templates, prompts, workflows, automations, source code, configurations, training materials, and all derivatives and improvements (“Lakeside IP”). Subject to these Terms, Lakeside grants you a limited, non-exclusive, non-transferable, non-sublicensable, revocable right to access and use the Site for your internal business purposes. Any feedback you provide is licensed to Lakeside on a perpetual, irrevocable, royalty-free, sublicensable basis for any purpose.

6. Usage Data and AI Model Training

Consistent with the MSA, Lakeside may collect, own, and use (a) technical, telemetry, log, and operational data from your use of the Services (“Usage Data”) and (b) data, content, inputs, prompts, and outputs that Lakeside has aggregated, anonymized, or de-identified (“De-Identified Data”) for any lawful purpose, including operating and improving the Services and training, fine-tuning, and benchmarking machine learning, AI, and algorithmic models. Lakeside will not attempt to re-identify De-Identified Data or publicly disclose it in a form that identifies you. Personal data is governed by our Privacy Policy and any DPA.

7. Third-Party Tools

The Services rely on third-party platforms and tools (e.g., Make.com, OpenAI, Anthropic, Perplexity, Notion, Anymailfinder, Apollo, Clay, Instantly, SmartLead, and major ad, CRM, and cloud providers), each governed by its own terms. Lakeside is not responsible for any third-party tool’s availability, performance, security, data handling, pricing changes, deplatforming, or compliance with law.

8. Fees; No Refunds

Fees for paid Services are set forth in the applicable Order. Unless otherwise stated in writing, all fees are in U.S. dollars, exclude taxes, are due upon receipt, and are non-refundable. Late payments bear interest at the lesser of 1.5% per month or the maximum permitted by law, and Lakeside may suspend Services for non-payment. See our Refund Policy for further detail.

9. No Performance Guarantee

Lakeside makes no representation or warranty as to any specific lead volume, conversion rate, revenue, ranking, deliverability, or other business result. No service-level commitment applies unless expressly stated in an executed Order.

10. Disclaimer of Warranties

TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE SITE, SOFTWARE, AND SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE.” LAKESIDE DISCLAIMS ALL WARRANTIES, EXPRESS, IMPLIED, AND STATUTORY, INCLUDING MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, AND ACCURACY. LAKESIDE DOES NOT WARRANT THAT THE SITE OR SERVICES WILL BE UNINTERRUPTED, ERROR-FREE, SECURE, OR WILL PRODUCE ANY PARTICULAR RESULT.

11. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, NEITHER PARTY WILL BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, OR FOR LOST PROFITS, REVENUE, GOODWILL, OR DATA. LAKESIDE’S TOTAL CUMULATIVE LIABILITY ARISING FROM YOUR USE OF THE SITE OR SERVICES WILL NOT EXCEED THE FEES PAID BY YOU TO LAKESIDE IN THE TWELVE (12) MONTHS IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO LIABILITY, OR ONE HUNDRED U.S. DOLLARS (US $100) IF NO FEES HAVE BEEN PAID. THE FOREGOING LIMITATIONS DO NOT APPLY TO LIABILITY THAT CANNOT BE LIMITED UNDER APPLICABLE LAW.

12. Indemnification

You will indemnify, defend, and hold harmless Lakeside and its affiliates, officers, directors, employees, and agents from any third-party claim, and resulting damages, fines, settlements, and reasonable attorneys’ fees, arising from (a) your use of the Site or Services, (b) your content, submissions, or instructions, (c) any outreach conducted by or for you, (d) your violation of these Terms or any law, or (e) your use of any third-party tool. Lakeside will give prompt notice, allow you sole control of defense and settlement (subject to its consent for settlements imposing non-monetary obligations on it), and provide reasonable cooperation at your expense.

13. Termination

We may suspend or terminate your access to the Site or Services at any time, with or without notice, including for suspected violation of these Terms. Sections 4 through 12 and 14 through 17 survive termination.

14. Governing Law and Venue

These Terms are governed by the laws of the State of Florida, without regard to conflict-of-laws principles. Subject to Section 15, the exclusive venue for any action arising from these Terms is the state and federal courts in Pinellas County, Florida, and you irrevocably consent to personal jurisdiction there and waive any forum non conveniens objection.

15. Dispute Resolution; Arbitration; Class Waiver

Before any formal proceeding, the parties will attempt in good faith to resolve any dispute through written notice and discussion between authorized representatives for at least thirty (30) days. Any dispute not resolved informally will be settled by final and binding arbitration administered by the American Arbitration Association under its Commercial Arbitration Rules, by a single arbitrator, seated in Pinellas County, Florida. Disputes will be resolved on an individual basis; the parties waive any right to participate in a class, collective, or representative action. Either party may seek temporary or preliminary injunctive relief in the courts in Pinellas County, Florida to protect intellectual property or confidential information.

16. Prevailing Party Fees

In any action or arbitration arising from these Terms, the prevailing party will be entitled to recover its reasonable attorneys’ fees, costs, and expenses, including on appeal.

17. Miscellaneous

These Terms, together with the Privacy Policy, Refund Policy, and any applicable MSA, constitute the entire agreement between you and Lakeside with respect to the subject matter and supersede all prior communications. If any provision is held unenforceable, the remaining provisions remain in effect. Our failure to enforce any right is not a waiver. You may not assign these Terms without our prior written consent; we may assign without restriction. Notices to us must be sent to the address below; notices to you may be sent by email or posted on the Site. Neither party is liable for any failure or delay (other than payment) caused by events beyond its reasonable control. Lakeside may identify you as a customer and use your name and logo in marketing materials; you may revoke this consent by written notice.

18. Changes

We may update these Terms from time to time. Material changes will be reflected in the Effective Date above and, where appropriate, by other notice. Continued use after the Effective Date constitutes acceptance.

19. Contact

Lakeside Consultancy LLC d/b/a Lakeside Growth
Attn: Legal
[Insert Pinellas County, FL mailing address]
Email: legal@lakesidegrowth.com