Terms of Service
The agreement governing your use of the Wryko platform and services. Please review these terms carefully before using our services.
1. Acceptance of Terms
By accessing or using the Wryko platform, website, or any services provided by Wryko, LLC ("Wryko," "we," "our," or "us"), you ("Client," "you," or "your") agree to be bound by these Terms of Service ("Terms").
If you are entering into these Terms on behalf of a company or other legal entity, you represent that you have the authority to bind such entity to these Terms. If you do not have such authority, or if you do not agree with these Terms, you may not access or use our services.
These Terms constitute a legally binding agreement between you and Wryko. Please read them carefully before using our services.
2. Description of Services
Wryko provides an autonomous B2B lead generation platform powered by artificial intelligence. Our services include:
Core Platform Features
AI-powered lead identification and qualificationAutomated email outreach campaignsMulti-channel prospecting automationCampaign performance analytics and reportingClient dashboard for real-time monitoring
AI Engine Suite
Our platform is powered by 11 specialized AI engines designed to optimize every aspect of B2B lead generation:
Campaign optimization and A/B testingSelf-learning algorithms for continuous improvementCompliance and deliverability monitoringLead deduplication and data enrichmentAutomated client success management
Service Delivery
Managed campaign setup and optimizationOngoing campaign monitoring and adjustmentsWeekly performance reportsDedicated client support
The specific features and capabilities available to you depend on your subscription plan and any custom agreements.
3. Account Registration
Account Creation
To access certain features of our services, you must create an account. When creating an account, you agree to:
Provide accurate, current, and complete informationMaintain and promptly update your account informationKeep your password secure and confidentialNotify us immediately of any unauthorized accessAccept responsibility for all activities under your account
Eligibility
You must be at least 18 years old and have the legal capacity to enter into binding contracts. Our services are intended for business use only and are not available to consumers for personal, family, or household purposes.
Account Security
You are responsible for maintaining the confidentiality of your account credentials. Wryko will not be liable for any loss or damage arising from your failure to protect your account information.
4. Subscription and Payment Terms
Pricing Structure
Wryko operates on a subscription model with the following components:
Monthly retainer fee (billed in advance)Performance-based bonuses (billed in arrears)One-time setup fees (where applicable)
Current pricing is available on our website and may be updated from time to time with 30 days' notice.
Billing and Payment
All fees are quoted and payable in US Dollars (USD)Monthly subscriptions are billed on the same date each monthPayment is due upon receipt of invoiceWe accept major credit cards and ACH/wire transfersLate payments may incur interest at 1.5% per month
Performance Bonuses
Performance bonuses are calculated based on qualified meetings booked, as defined in your service agreement. Meetings must meet agreed-upon qualification criteria to count toward bonus calculations.
Refund Policy
Setup fees are non-refundable once work has commencedMonthly retainers are non-refundable for the current billing periodPerformance bonuses are non-refundable once meetings are deliveredPro-rata refunds may be available for annual subscriptions upon early termination
Price Changes
We reserve the right to change our pricing with 30 days' written notice. Price changes will not affect your current billing cycle.
5. User Responsibilities
Acceptable Use
You agree to use our services only for lawful purposes and in accordance with these Terms. You must:
Comply with all applicable laws and regulationsProvide accurate information about your target audienceReview and approve campaign content before launchRespond promptly to requests for information or approvalMaintain valid contact information
Prohibited Activities
You agree NOT to:
Use our services to send spam or unsolicited communicationsViolate CAN-SPAM, GDPR, CCPA, or other applicable regulationsMisrepresent your identity or your companyTarget individuals who have opted out or are on do-not-contact listsUse our services for illegal, fraudulent, or deceptive purposesAttempt to reverse-engineer our AI algorithms or proprietary systemsShare account access with unauthorized partiesInterfere with or disrupt our services or infrastructure
Client Content
You retain ownership of any content you provide to us ("Client Content"). By providing Client Content, you grant Wryko a non-exclusive, worldwide license to use, reproduce, and modify such content solely for the purpose of providing our services.
You represent and warrant that:
You own or have the right to use all Client ContentClient Content does not infringe any third-party rightsClient Content complies with all applicable laws
6. Intellectual Property
Wryko Property
The Wryko platform, including all software, algorithms, AI models, methodologies, documentation, and related intellectual property, is and shall remain the exclusive property of Wryko.
These Terms do not grant you any right, title, or interest in:
Our proprietary AI engines and algorithmsOur software, source code, or technical infrastructureOur trademarks, logos, or brand assetsOur methodologies, processes, or trade secrets
License Grant
Subject to these Terms, we grant you a limited, non-exclusive, non-transferable license to access and use our services for your internal business purposes during the term of your subscription.
Feedback
If you provide suggestions, feedback, or ideas about our services, you grant us a perpetual, irrevocable, royalty-free license to use such feedback for any purpose without compensation or attribution.
Data and Insights
We may use aggregated, anonymized data derived from our services to improve our platform, develop new features, and create benchmarks. Such data will not identify you or your company.
7. Data Processing and Privacy
Data Controller
For the purposes of lead generation campaigns, you are the data controller and Wryko acts as a data processor on your behalf.
Data Processing Agreement
By using our services, you agree to our Data Processing Agreement, which is incorporated into these Terms by reference. The DPA governs how we process personal data on your behalf.
Privacy Policy
Our Privacy Policy describes how we collect, use, and protect your personal information when you use our services. By using our services, you agree to our Privacy Policy.
Compliance Responsibilities
You are responsible for:
Ensuring your use of our services complies with applicable data protection lawsObtaining any necessary consents for outreach campaignsMaintaining appropriate records of consent and opt-outsResponding to data subject requests regarding your campaigns
We are responsible for:
Processing data only as instructed by youImplementing appropriate security measuresAssisting with data subject requests where applicableNotifying you of any data breaches affecting your data
8. Service Level and Availability
Service Availability
We strive to maintain high availability of our services. While we do not guarantee 100% uptime, we target 99.9% availability measured on a monthly basis.
Scheduled Maintenance
We may perform scheduled maintenance that temporarily affects service availability. We will provide at least 48 hours' notice for planned maintenance windows, except in emergencies.
Support
We provide support during business hours (9 AM - 6 PM Pacific Time, Monday through Friday, excluding US holidays). Emergency support for critical issues is available 24/7.
Performance Expectations
Campaign performance depends on many factors, including:
Quality of your target audienceCompetitiveness of your marketYour value proposition and messagingEmail deliverability factorsMarket conditions and timing
We do not guarantee specific performance outcomes. Past results are not indicative of future performance.
9. Limitation of Liability
Disclaimer of Warranties
OUR SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.
We do not warrant that:
Our services will meet your specific requirementsOur services will be uninterrupted, timely, or error-freeResults obtained from our services will be accurate or reliableAny errors will be corrected
Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY LAW, XGROWTHOS SHALL NOT BE LIABLE FOR:
Any indirect, incidental, special, consequential, or punitive damagesLoss of profits, revenue, data, or business opportunitiesDamages arising from your use or inability to use our servicesDamages arising from any unauthorized access to your data
Cap on Liability
OUR TOTAL LIABILITY FOR ANY CLAIMS ARISING FROM OR RELATED TO THESE TERMS OR OUR SERVICES SHALL NOT EXCEED THE TOTAL FEES PAID BY YOU TO XGROWTHOS IN THE TWELVE (12) MONTHS PRECEDING THE CLAIM.
Exceptions
The limitations in this section do not apply to:
Liability that cannot be excluded by lawYour breach of Section 5 (User Responsibilities)Your indemnification obligations
10. Indemnification
Your Indemnification Obligations
You agree to indemnify, defend, and hold harmless Wryko, its officers, directors, employees, agents, and affiliates from and against any and all claims, damages, losses, costs, and expenses (including reasonable attorneys' fees) arising from:
Your use of our servicesYour violation of these TermsYour violation of any applicable law or regulationYour Client ContentYour infringement of any third-party rightsAny claims by recipients of your outreach campaigns
Indemnification Procedure
We will promptly notify you of any claim subject to indemnification. You shall have the right to control the defense of any such claim, provided that we may participate in the defense at our own expense. You shall not settle any claim without our prior written consent.
11. Termination
Pilot Period
New clients begin with a 90-day pilot period. During the pilot period:
Either party may terminate with 30 days' written noticeYou remain responsible for fees incurred through the termination date
Ongoing Service
After the pilot period, service continues on a month-to-month basis:
Either party may terminate with 30 days' written noticeAnnual subscriptions require 60 days' notice for non-renewal
Termination for Cause
Either party may terminate immediately upon written notice if:
The other party materially breaches these Terms and fails to cure within 30 daysThe other party becomes insolvent or files for bankruptcyThe other party engages in illegal activities
Effect of Termination
Upon termination:
Your access to our services will be suspendedYou must pay all outstanding feesWe will provide a final report of campaign performanceYour data will be retained for 30 days, then deletedProvisions that should survive termination will remain in effect
12. Dispute Resolution
Informal Resolution
Before initiating any formal dispute resolution, you agree to contact us to attempt to resolve the dispute informally. Most disputes can be resolved quickly and to your satisfaction through direct communication.
Binding Arbitration
If we cannot resolve a dispute informally, any controversy or claim arising out of or relating to these Terms or our services shall be settled by binding arbitration administered by JAMS under its Comprehensive Arbitration Rules.
Arbitration shall be conducted in Los Angeles County, CaliforniaThe arbitrator's decision shall be final and bindingJudgment on the award may be entered in any court of competent jurisdiction
Class Action Waiver
YOU AND XGROWTHOS AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING.
Exceptions
Notwithstanding the above:
Either party may seek injunctive relief in any court of competent jurisdictionEither party may bring claims in small claims court if eligible
13. Governing Law
These Terms and any dispute arising from or relating to these Terms or our services shall be governed by and construed in accordance with the laws of the State of California, without regard to its conflict of law principles.
Any legal action or proceeding not subject to arbitration shall be brought exclusively in the state or federal courts located in Los Angeles County, California. You consent to the personal jurisdiction of such courts.
14. Modifications to Terms
We reserve the right to modify these Terms at any time. We will provide notice of material changes by:
Posting the updated Terms on our websiteSending an email to your registered email addressDisplaying a notice in your account dashboard
Changes will become effective:
30 days after notice for material changesImmediately for non-material changes or changes required by law
Your continued use of our services after the effective date constitutes acceptance of the modified Terms. If you do not agree to the modified Terms, you must stop using our services and terminate your account.
We encourage you to review these Terms periodically.
15. Contact Information
If you have any questions about these Terms or our services, please contact us:
Wryko, LLC
Email: legal@xgrowthos.com
General Inquiries: support@xgrowthos.com
Location: Los Angeles, California, United States
For Legal Notices
Legal notices should be sent to:
legal@xgrowthos.com
Or by mail to:
Wryko, LLC
Attn: Legal Department
Los Angeles, CA
We will respond to all inquiries within a reasonable timeframe.
Questions About Our Terms?
Our team is here to help you understand our agreement and how Wryko can work for your business.
No contracts. Performance-aligned pricing. Cancel anytime.