Effective Date: March 26, 2026
These Terms & Conditions ("Terms") govern your download, installation, access to, and use of the Growthstack™ mobile application for iOS and Android (the "App"). The App is published and operated by Influx Marketing, Inc. ("Influx," "we," "us," or "our"), a Utah corporation. Growthstack™ is a registered trademark. All rights reserved.
By downloading, installing, creating an account, or otherwise using the App, you ("you," "your," or "User") agree to be bound by these Terms. If you are using the App on behalf of a business, organization, or other entity, you represent and warrant that you have the authority to bind that entity to these Terms, and "you" refers to both the individual and the entity. If you do not agree to these Terms, do not download, install, or use the App.
If you are a subscribing client of Influx or the Growthstack platform, your subscription, professional services, and related obligations are governed by the separate Influx & Growthstack Platform Terms of Use & Services Agreement (the "Platform Agreement"). In the event of a conflict between these Terms and your executed Platform Agreement, the Platform Agreement controls for matters within its scope.
The Growthstack App is a mobile companion to the Growthstack platform, designed primarily for healthcare providers and marketing professionals. The App provides mobile access to platform features that may include customer relationship management (CRM), communications, contact management, appointment scheduling, analytics, and other tools as made available by Influx from time to time. Not all platform features are available through the App, and feature availability may vary by subscription tier, device, or operating system.
The App is built upon and incorporates technology, infrastructure, and services provided by third-party software platforms under license to Influx. Certain features and functionality of the App are delivered, in whole or in part, through these third-party platforms. By using the App, you acknowledge and agree that:
The App is designed for use by healthcare providers and professionals who may manage information that includes or relates to Protected Health Information ("PHI") as defined under the Health Insurance Portability and Accountability Act of 1996 ("HIPAA"). You acknowledge that:
You must be at least 18 years of age to use the App. By using the App, you represent and warrant that you meet this age requirement and have the legal capacity to enter into a binding agreement. The App is designed for healthcare professionals and business users and is not intended for direct use by consumers or patients.
Use of the App requires an account. When you register, you agree to provide accurate, current, and complete information and to keep this information updated. You are solely responsible for maintaining the confidentiality of your login credentials and for all activity that occurs under your account, whether authorized by you or not. You must notify us immediately at legal@influxmarketing.com if you suspect any unauthorized access to or use of your account.
We reserve the right to suspend or terminate your account at any time if any information provided is found to be inaccurate, incomplete, or misleading, or if your use of the App violates these Terms.
Subject to your compliance with these Terms and any applicable Platform Agreement, Influx grants you a limited, non-exclusive, non-transferable, non-sublicensable, revocable license to download, install, and use the App on mobile devices that you own or control, solely for your internal business purposes in connection with the Growthstack platform.
You agree not to:
The App and all of its content, features, functionality, visual design, user interface, graphics, logos, icons, images, software, code, and underlying technology are owned by Influx, its licensors, or other providers and are protected by United States and international copyright, trademark, patent, trade secret, and other intellectual property and proprietary rights laws. Nothing in these Terms transfers any ownership interest in the App or any intellectual property to you.
Growthstack™, Influx®, and all related names, logos, product and service names, designs, and slogans are trademarks of their respective owners. You may not use any of these marks without prior written permission from the applicable trademark owner. All other trademarks, service marks, and trade names appearing in the App are the property of their respective owners.
You retain ownership of any data, content, or information you submit, upload, or input through the App ("User Content"). By using the App, you grant Influx a worldwide, non-exclusive, royalty-free license to use, host, store, reproduce, process, and display your User Content solely as necessary to provide, maintain, and improve the App and the Growthstack platform. You represent and warrant that you have all rights necessary to grant this license and that your User Content does not violate any applicable law or third-party rights. To the extent any User Content includes PHI, the handling of such data is governed by the BAA in the Platform Agreement, which takes precedence over this license grant.
We use third-party analytics and tracking technologies within the App and on associated web properties to understand how users interact with the App, improve our products, diagnose technical issues, and measure the effectiveness of our marketing. These technologies may include, but are not limited to:
These tools may collect data using cookies, pixels, SDKs, device identifiers, and similar technologies, including information about your device, operating system, app usage patterns, and interactions. Analytics data collected through the App is not used to identify individual patients and does not include PHI, except to the extent necessary to provide platform features, in which case such data is handled in accordance with the BAA.
For complete details on our data collection practices and your choices, please see our Privacy Policy.
By using the App, you acknowledge and consent to the use of these analytics and tracking technologies as described in these Terms and our Privacy Policy.
The App may integrate with, link to, or rely upon third-party websites, platforms, services, APIs, or applications that are not owned or controlled by Influx. These third-party services are governed by their own terms and privacy policies. Your use of any third-party service accessed through the App is at your own risk, and Influx is not responsible for the content, functionality, accuracy, legality, privacy practices, or availability of any third-party service. Influx does not endorse any third-party service by virtue of its integration with or availability through the App.
The App may send push notifications to your device for purposes such as appointment reminders, new message alerts, task updates, and service announcements. You can manage your notification preferences through your device settings or within the App. By enabling push notifications, you consent to receiving these communications. Standard messaging and data rates from your mobile carrier may apply.
THE APP IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, INFLUX DISCLAIMS ALL WARRANTIES, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, AND QUIET ENJOYMENT.
We do not warrant that the App will be uninterrupted, timely, secure, error-free, or free of viruses or other harmful components. We do not guarantee that defects will be corrected or that any specific results will be achieved through use of the App. The App may be subject to limitations, delays, or other issues inherent in the use of mobile networks, the internet, and electronic communications.
The App and any content, data, or information provided through it do not constitute medical, legal, financial, or other professional advice. You are solely responsible for obtaining qualified professional advice as appropriate for your circumstances. Influx is not responsible for any decisions, actions, or omissions based on information obtained through the App.
The App incorporates technology and services provided by third-party platform providers. Influx does not warrant or guarantee the performance, reliability, accuracy, or continued availability of any third-party platform component. Changes, outages, or discontinuations by third-party providers may affect the App's functionality, and Influx shall not be liable for any such impact.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL INFLUX, ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, AFFILIATES, LICENSORS, OR SERVICE PROVIDERS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFITS, REVENUE, DATA, GOODWILL, BUSINESS OPPORTUNITIES, OR ANTICIPATED SAVINGS, ARISING OUT OF OR RELATED TO YOUR USE OF OR INABILITY TO USE THE APP, REGARDLESS OF THE THEORY OF LIABILITY (WHETHER BASED ON CONTRACT, TORT, STRICT LIABILITY, NEGLIGENCE, OR OTHERWISE), EVEN IF INFLUX HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
INFLUX'S TOTAL AGGREGATE LIABILITY FOR ALL CLAIMS ARISING OUT OF OR RELATED TO THESE TERMS OR THE APP SHALL NOT EXCEED THE GREATER OF (A) ONE HUNDRED U.S. DOLLARS ($100.00) OR (B) THE TOTAL AMOUNT PAID BY YOU TO INFLUX FOR THE APP OR RELATED SERVICES IN THE TWELVE (12) MONTHS IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO THE CLAIM.
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IN SUCH JURISDICTIONS, OUR LIABILITY WILL BE LIMITED TO THE GREATEST EXTENT PERMITTED BY APPLICABLE LAW.
You agree to indemnify, defend, and hold harmless Influx and its officers, directors, employees, agents, affiliates, licensors, successors, and assigns from and against any and all third-party claims, demands, liabilities, damages, losses, costs, and expenses (including reasonable attorneys' fees) arising out of or related to: (a) your use of the App; (b) your violation of these Terms or any applicable law; (c) your User Content; (d) your failure to obtain required consents, authorizations, or releases from patients, staff, or other individuals; (e) your handling of PHI or other regulated data through the App; or (f) your negligence, gross negligence, or willful misconduct.
We may suspend or terminate your access to the App at any time, with or without cause, and with or without notice. You may stop using the App at any time by uninstalling it from your device. If you wish to delete your account, you may do so through the App settings or by contacting us at legal@influxmarketing.com.
Upon termination, your license to use the App will immediately cease. Termination does not relieve you of any accrued obligations, including payment obligations under the Platform Agreement. All provisions of these Terms that by their nature should survive termination will survive, including but not limited to Sections 1.3 (HIPAA), 5 (Intellectual Property), 9 (Disclaimers), 10 (Limitation of Liability), 11 (Indemnification), 13 (Governing Law), and 15 (General Provisions).
These Terms are governed by and construed in accordance with the laws of the State of Utah, without regard to its conflict of law provisions.
Any legal action or proceeding arising under these Terms shall be brought exclusively in the state courts located in Utah County, Utah, or the United States District Court for the District of Utah. You consent to the exclusive jurisdiction and venue of these courts and waive any objection based on venue or forum non conveniens.
TO THE EXTENT PERMITTED BY LAW, EACH PARTY WAIVES THE RIGHT TO A JURY TRIAL FOR ANY DISPUTE ARISING OUT OF OR RELATING TO THESE TERMS OR THE APP.
TO THE EXTENT PERMITTED BY LAW, ALL DISPUTES WILL BE BROUGHT ONLY IN AN INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS ACTION, COLLECTIVE ACTION, OR OTHER REPRESENTATIVE PROCEEDING.
Any claim arising out of or related to these Terms must be brought within one (1) year after the event giving rise to the claim. Claims brought after that period are time-barred.
If you download the App from the Apple App Store, the following additional terms apply:
If you download the App from the Google Play Store, you acknowledge that Google LLC is not a party to these Terms and has no responsibility or liability to you under these Terms. Your use of the App downloaded from Google Play is also subject to the Google Play Terms of Service.
We reserve the right to modify these Terms at any time. When we make material changes, we will update the "Effective Date" at the top of this page and may provide additional notice through the App or via email. Your continued use of the App after the effective date of any changes constitutes your acceptance of the updated Terms. If you do not agree to the revised Terms, you must stop using the App and uninstall it from your device.
These Terms, together with the Privacy Policy and any applicable Platform Agreement, constitute the entire agreement between you and Influx regarding the App and supersede all prior agreements, understandings, and representations, whether written or oral.
If any provision of these Terms is held to be unenforceable or invalid by a court of competent jurisdiction, that provision will be modified to the minimum extent necessary to make it enforceable, and the remaining provisions will remain in full force and effect.
The failure of Influx to enforce any right or provision of these Terms will not constitute a waiver of future enforcement of that or any other provision.
You may not assign or transfer these Terms or any rights or obligations under them without our prior written consent. Influx may assign these Terms without restriction, including in connection with a merger, acquisition, or sale of all or substantially all of its assets.
Nothing in these Terms creates a partnership, joint venture, agency, franchise, or employment relationship between you and Influx.
Influx shall not be liable for any delay or failure to perform resulting from causes outside its reasonable control, including but not limited to acts of God, natural disasters, war, terrorism, civil unrest, labor disputes, utility or internet failures, outages of third-party hosting or platform providers, government actions, or pandemic-related restrictions.
You agree to comply with all applicable export control and sanctions laws in connection with your use of the App.
Notices to Influx must be sent in writing to legal@influxmarketing.com. We may provide notices to you through the App, by email to the address associated with your account, or by other reasonable means.
If you have any questions or concerns about these Terms, please contact us at:
Influx Marketing, Inc.
Email: legal@influxmarketing.com
Website: www.Growthstack.app
Last Updated: March 26, 2026
