Terms of Service

1. About These Terms

These Terms of Service (“Terms”) govern your access to and use of the website, platform, and services provided by Catlyst Pty Ltd, trading as GrowthNGen (“we”, “us”, “our”), located at growthngen.com.

By accessing our website or using our services, you agree to be bound by these Terms. If you do not agree, please do not use our website or services.

2. Service Description

GrowthNGen provides a construction intelligence integration platform that connects construction project data with HubSpot CRM for sales teams operating in Australia and New Zealand.

Our services may include:

• Integration of construction project intelligence into your HubSpot CRM
• Automated data enrichment of construction project records
• Geographic and project-based lead identification
• Ongoing data synchronisation and maintenance

The specific features and scope of services provided to you will be set out in a separate service agreement or subscription arrangement.

3. Eligibility

Our services are designed for business use. By using our services, you represent that:

• You are at least 18 years of age
• You have the authority to enter into these Terms on behalf of your organisation (if applicable)
• You will use our services only for lawful business purposes

4. Your Account

If you create an account or access our platform, you are responsible for:

• Maintaining the confidentiality of your login credentials
• All activity that occurs under your account
• Notifying us promptly at hello@growthngen.com if you become aware of any unauthorised use of your account

We reserve the right to suspend or terminate accounts that we reasonably believe are being used in violation of these Terms.

5. Acceptable Use

When using our website and services, you agree not to:

• Use the services for any unlawful purpose or in violation of any applicable laws
• Attempt to gain unauthorised access to our systems or the systems of our third-party providers
• Interfere with or disrupt the integrity or performance of our services
• Scrape, harvest, or collect data from our website through automated means without our written permission
• Misrepresent your identity or affiliation with any person or organisation
• Use our services to send unsolicited communications (spam)

6. Intellectual Property

All content on the GrowthNGen website — including text, graphics, logos, design, and software — is the property of Catlyst Pty Ltd or its licensors and is protected by Australian and international intellectual property laws.

You may not reproduce, distribute, modify, or create derivative works from any content on our website without our prior written consent. Your use of our platform does not grant you any ownership rights in our technology, software, or intellectual property.

7. Data and Privacy

Your use of our services is also governed by our Privacy Policy, which explains how we collect, use, and protect your personal information. By using our services, you consent to the practices described in our Privacy Policy.

Where our services involve integration with your HubSpot CRM or other systems, you are responsible for ensuring that your use of our platform complies with your own data protection obligations and any applicable privacy laws.

8. Third-Party Services

Our platform integrates with third-party services including HubSpot. Your use of these third-party services is subject to their respective terms and conditions. We are not responsible for the availability, accuracy, or policies of any third-party services.

9. Service Availability

We aim to provide reliable and continuous access to our services, but we do not guarantee uninterrupted availability. Our services may be temporarily unavailable due to:

• Scheduled maintenance (we will endeavour to provide advance notice)
• Unscheduled technical issues or outages
• Circumstances beyond our reasonable control

We are not liable for any loss or damage resulting from service interruptions.

10. Fees and Payment

Fees for our services are set out in your service agreement or subscription arrangement. Unless otherwise agreed:

• All fees are quoted in Australian dollars (AUD) and are exclusive of GST
• Payment terms will be specified in your service agreement
• We reserve the right to suspend access to services for overdue accounts

11. Limitation of Liability

To the maximum extent permitted by law:

• Our total liability to you for any claim arising from or related to these Terms or our services is limited to the fees you have paid to us in the 12 months preceding the claim.
• We are not liable for any indirect, incidental, special, consequential, or punitive damages, including loss of profits, data, or business opportunities, even if we have been advised of the possibility of such damages.
• We do not exclude or limit liability for anything that cannot be excluded or limited under Australian law, including liability under the Australian Consumer Law for the supply of services.

12. Disclaimer of Warranties

Our services are provided “as is” and “as available.” To the maximum extent permitted by law, we disclaim all warranties, whether express, implied, or statutory, including implied warranties of merchantability, fitness for a particular purpose, and non-infringement.

Nothing in these Terms is intended to exclude or limit any consumer guarantees under the Australian Consumer Law that cannot be excluded or limited by law.

13. Indemnification

You agree to indemnify and hold harmless Catlyst Pty Ltd, its directors, employees, and agents from any claims, losses, damages, liabilities, and expenses (including legal costs) arising from:

• Your use of our services
• Your breach of these Terms
• Your violation of any applicable law or the rights of any third party

14. Termination

Either party may terminate the service relationship:

• By providing written notice in accordance with your service agreement
• Immediately, if the other party materially breaches these Terms and fails to remedy the breach within 14 days of receiving written notice

Upon termination, your access to our platform will cease. We will retain your data in accordance with our Privacy Policy and any applicable legal obligations.

15. Changes to These Terms

We may update these Terms from time to time. Any changes will be posted on this page with an updated “Last updated” date. Your continued use of our services after changes are posted constitutes acceptance of the updated Terms.

For material changes, we will endeavour to provide reasonable notice via email or through our platform.

16. Governing Law and Disputes

These Terms are governed by the laws of Queensland, Australia. Any disputes arising from or relating to these Terms will be subject to the exclusive jurisdiction of the courts of Queensland.

Before commencing legal proceedings, both parties agree to attempt to resolve any dispute through good faith negotiation.

17. General

• Entire agreement — These Terms, together with our Privacy Policy and any service agreement, constitute the entire agreement between you and Catlyst Pty Ltd regarding our services.
• Severability — If any provision of these Terms is found to be invalid or unenforceable, the remaining provisions will continue in full force and effect.
• Waiver — Our failure to enforce any provision of these Terms does not constitute a waiver of that provision.
• Assignment — You may not assign or transfer your rights under these Terms without our prior written consent.

18. Contact Us

If you have any questions about these Terms, please contact us:

Catlyst Pty Ltd (trading as GrowthNGen)
5/2481 Gold Coast Highway
Mermaid Beach QLD 4218
Australia

Email: hello@growthngen.com