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Our Terms of Service

By accessing or using our website and services, you agree to be bound by these Terms. Please read them carefully before proceeding.

Last Updated: 22nd April, 2026  Β·  Applies to: USA, Canada, UK, New Zealand & Australia

What's Covered
Table of Contents
Section 1

Who We Are

Incubate Growth Agency is a growth marketing agency providing a comprehensive range of digital marketing services to businesses across multiple industries and continents. Our services include, but are not limited to, search engine optimisation (SEO), social media marketing, performance marketing (paid advertising), conversion rate optimisation (CRO), and WordPress web design.

We operate globally and serve clients across the United States, Canada, the United Kingdom, New Zealand, and Australia, as well as select markets across Africa, the Caribbean, and Europe.

These Terms of Service ("Terms") constitute a legally binding agreement between you β€” whether as an individual visitor, business owner, or authorised representative of a company β€” and Incubate Growth Agency. By accessing our website or engaging our services, you confirm that you have read, understood, and agree to be bound by these Terms in full.

Section 2

Use of Our Website

You agree to use our website and services only for lawful purposes and in a manner that does not infringe the rights of others or restrict or inhibit any other person's use or enjoyment of the website. The following activities are strictly prohibited:

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Transmitting spam, unsolicited communications, malware, viruses, or any other harmful or disruptive code

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Interfering with or disrupting the operation of our website, servers, or network infrastructure

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Attempting to gain unauthorised access to any part of our website, systems, databases, or user accounts

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Using our website to collect, harvest, or store personal data about other users without their explicit consent

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Impersonating any person or entity or misrepresenting your affiliation with any individual or organisation

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Using automated tools, scrapers, or bots to access, crawl, or extract content from our website without prior written permission

We reserve the right to investigate and take appropriate legal or technical action against anyone who, in our sole discretion, violates these provisions β€” including reporting such activity to the relevant law enforcement or regulatory authorities.

Section 3

Services and Payments

Incubate Growth Agency provides bespoke digital marketing services tailored to the specific needs, goals, and budgets of each client. The following terms apply to all service engagements:

πŸ“‹ Service Agreements

All specific pricing, project timelines, scope of work, and deliverables are outlined in individual service agreements, proposals, or invoices agreed upon in writing between Incubate Growth Agency and the client prior to commencement of work.

πŸ’³ Payment Terms

Payments are due in accordance with the schedule agreed upon in your service agreement. We reserve the right to pause or suspend services for accounts with overdue balances. Reactivation may be subject to an administrative fee. All payments are processed securely through PCI-compliant third-party payment providers.

πŸ”„ Refunds & Cancellations

Refund eligibility and cancellation terms are governed by the specific service agreement in place. As marketing services are delivered on an ongoing or project basis, refunds for completed work are not guaranteed. Clients wishing to terminate services must provide written notice as specified in their agreement.

⚠️ No Guaranteed Outcomes

While we are committed to delivering high-quality, results-focused marketing services, we make no guarantees regarding specific marketing outcomes, rankings, follower counts, lead volumes, or revenue figures. Digital marketing results are influenced by many variables outside our direct control, including algorithm changes, market conditions, and client-side factors.

Section 4

Intellectual Property

All content published on this website β€” including but not limited to text, graphics, logos, icons, images, videos, audio clips, digital downloads, and software β€” is the property of Incubate Growth Agency or our respective content licensors and is protected by applicable copyright, trademark, and intellectual property laws in all jurisdictions we operate in.

  • You may not reproduce, duplicate, copy, sell, resell, distribute, or exploit any portion of our website content without our express prior written permission.
  • You may not modify or create derivative works based on our content without written authorisation.
  • Incubate Growth Agency's name, logo, and all related product and service names, slogans, and trade dress are trademarks of Incubate Growth Agency. You may not use these marks without our prior written consent.
  • Content created by Incubate Growth Agency on behalf of clients β€” including ad creatives, copy, and campaign assets β€” remains the intellectual property of Incubate Growth Agency until full payment has been received, at which point ownership transfers to the client as outlined in the relevant service agreement.

Any unauthorised use of our intellectual property may result in legal action. To request permission to use our content or brand assets, please contact us at support@incubategrowth.agency.

Section 5

Limitation of Liability

To the fullest extent permitted by applicable law, Incubate Growth Agency and its directors, employees, contractors, agents, and partners shall not be liable for any of the following arising out of or in connection with your use of our website or services:

  • Indirect, incidental, special, consequential, or punitive damages of any kind
  • Loss of profits, revenue, data, goodwill, or business opportunities
  • Damages resulting from unauthorised access to or alteration of your data
  • Any content posted, transmitted, or otherwise made available via our website by third parties
  • Any interruption, suspension, or termination of our website or services

Our total aggregate liability to you in connection with any matter arising under or in relation to these Terms or your use of our services shall not exceed the total amount you paid to Incubate Growth Agency in the three (3) months immediately preceding the event giving rise to the liability.

Nothing in these Terms excludes or limits our liability for fraud, fraudulent misrepresentation, death or personal injury caused by our negligence, or any other liability that cannot be excluded or limited by applicable law.

Section 6

Termination

Incubate Growth Agency reserves the right to terminate or suspend your access to our website, platform, or services β€” in whole or in part β€” at any time and without prior notice, if we determine in our sole discretion that you have:

  • Breached any provision of these Terms of Service
  • Engaged in conduct that is harmful, fraudulent, abusive, or disruptive to our business, staff, or other users
  • Failed to make payments due under an active service agreement
  • Provided false, misleading, or fraudulent information in connection with your use of our services
  • Violated any applicable law or regulation in connection with your use of our website or services

Upon termination, your right to use our website and services will immediately cease. Any provisions of these Terms that by their nature should survive termination β€” including intellectual property rights, limitation of liability, and dispute resolution β€” shall continue to apply.

Clients wishing to voluntarily terminate a service agreement must provide written notice in accordance with the notice period specified in their individual contract.

Section 8

Privacy and Cookies

Your use of our website and services is also governed by our Privacy Policy and Cookie Policy. These documents form an integral part of our overall legal framework and should be read together with these Terms of Service.

Our Privacy Policy explains how we collect, use, store, and protect your personal information. Our Cookie Policy explains how we use cookies and similar tracking technologies on our website and how you can manage your preferences. By continuing to use our website, you acknowledge that you have read and understood both policies.

Section 9

Governing Law

These Terms of Service and any disputes arising out of or in connection with them shall be governed by and construed in accordance with the laws of the jurisdiction in which you reside or primarily access our services, as follows:

πŸ‡ΊπŸ‡Έ United States

Governed by the laws of the state in which the client is domiciled or, where not determinable, the laws of the State of Delaware, without regard to its conflict of law provisions.

πŸ‡¨πŸ‡¦ Canada

Governed by applicable federal and provincial laws of Canada. Disputes shall be subject to the jurisdiction of the courts of the province in which the client is located.

πŸ‡¬πŸ‡§ United Kingdom

Governed by the laws of England and Wales. Both parties submit to the exclusive jurisdiction of the courts of England and Wales for the resolution of any disputes.

πŸ‡³πŸ‡Ώ πŸ‡¦πŸ‡Ί New Zealand & Australia

Governed by the laws of New Zealand or the laws of the applicable Australian state or territory, as relevant to the client's location, with disputes subject to the jurisdiction of the applicable local courts.

Where disputes arise, both parties agree to first attempt to resolve them in good faith through direct negotiation before pursuing formal legal proceedings.

Section 10

Changes to These Terms

Incubate Growth Agency reserves the right to update, modify, or replace any part of these Terms of Service at any time to reflect changes in our practices, legal obligations, or for other legitimate operational reasons.

When material changes are made, we will:

  • Update the "Last Updated" date prominently at the top of this page
  • Post the revised Terms on this page with the new effective date
  • Where required by applicable law, notify affected clients directly via email

Your continued use of our website or services after any changes have been posted constitutes your acceptance of the revised Terms. If you do not agree to the updated Terms, you should discontinue use of our website and services and notify us accordingly.

We encourage you to review these Terms periodically, along with our Privacy Policy and Cookie Policy, to stay informed of any updates that may affect you.

Section 11

Contact Us

If you have any questions, concerns, or requests relating to these Terms of Service, or if you believe that any of our practices are inconsistent with these Terms, please do not hesitate to contact us. We are committed to addressing all enquiries promptly and transparently.

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Incubate Growth Agency

For all legal and terms-related enquiries:
Email: support@incubategrowth.agency
Website: incubategrowth.agency

Have Questions About Our Terms?

We believe in full transparency. If anything in these Terms is unclear or you'd like to discuss a specific aspect of our service agreement, reach out β€” we'll get back to you promptly.