Terms & Conditions

1. Acceptance of Terms

By accessing or using THEO ("the Platform"), operated by THEO Growth SIA ("THEO," "we," "our," or "us"), you agree to be bound by these Terms & Conditions. If you do not agree, you may not use the Platform.

These Terms constitute a legally binding agreement between you and THEO Growth SIA. By creating an account, submitting a project brief, or otherwise using the Platform, you confirm that you have read, understood, and accepted these Terms.

2. Service Description

THEO is a positioning intelligence platform that helps brand strategists, agencies, and consultants understand competitive landscapes through automated research and analysis. The Platform provides:

• Automated competitive research and positioning analysis
• Positioning briefs with strategic frameworks and territory mapping
• Positioning intelligence across multiple strategic dimensions
• Blue ocean opportunity identification

3. User Accounts and Responsibilities

3.1 Account Creation

You must provide accurate, complete, and current information when creating an account. You are responsible for maintaining the confidentiality of your account credentials.

3.2 Your Responsibilities

• Keep your login credentials secure and confidential
• Notify us immediately of any unauthorized access to your account
• Ensure that your use of the Platform complies with applicable laws
• Provide accurate project and company information for analysis

3.3 Account Eligibility

The Platform is intended for professional use by individuals aged 18 and over. By using THEO, you represent that you meet this requirement and have the authority to bind your organization to these Terms.

4. Intellectual Property

4.1 Your Content and Outputs

4.2 THEO's Intellectual Property

The Platform, including its algorithms, methodologies, frameworks, user interface, branding, and underlying technology, is the exclusive property of THEO Growth SIA. You may not copy, modify, distribute, or reverse-engineer any part of the Platform.

4.3 Feedback

If you provide feedback, suggestions, or ideas about the Platform, you grant THEO a non-exclusive, royalty-free, perpetual license to use such feedback for product improvement purposes.

5. Confidentiality & Data Segregation

5.1 Confidentiality Obligations

We treat all project data, competitive intelligence inputs, and strategic context you provide as strictly confidential. THEO will not disclose your project information, analysis outputs, or the existence of your client relationship to any third party without your prior written consent, except as required by law.

5.2 Data Segregation

5.3 Client Relationship Privacy

We will not disclose that you or your organisation use THEO without your explicit permission. Your use of the Platform, including the brands and markets you research, remains confidential.

5.4 Survival

Confidentiality obligations survive termination of these Terms for a period of three (3) years, or longer where required by applicable law.

6. Acceptable Use

You agree not to:

Violation of these terms may result in immediate suspension or termination of your account.

7. Payment Terms

7.1 Pricing and Billing

THEO offers services on a project-based and subscription basis. Current pricing is available on our pricing page. All prices are stated in EUR and exclusive of applicable taxes unless otherwise indicated.

7.2 Payment Processing

Payments are processed through secure third-party payment providers. By providing payment information, you authorize us to charge the applicable fees to your selected payment method.

7.3 Refunds

Refund requests are evaluated on a case-by-case basis. If you are unsatisfied with the deliverables, please contact us at info@theogrowth.com within 14 days of delivery.

8. Limitation of Liability

8.1 Service Availability

THEO is provided "as is" and "as available." We do not guarantee uninterrupted or error-free access to the Platform and are not liable for any downtime or service disruptions.

8.2 Intelligence Outputs

Positioning intelligence generated by the Platform is based on publicly available information and automated analysis. While we strive for accuracy, we do not guarantee the completeness or correctness of any output. Users should apply professional judgment when making strategic decisions based on Platform outputs.

8.3 Liability Cap

To the maximum extent permitted by applicable law, THEO Growth SIA's total liability for any claims arising from or related to your use of the Platform shall not exceed the amount you paid to us in the 12 months preceding the claim.

9. Indemnification

9.1 Your Indemnification

You agree to indemnify, defend, and hold harmless THEO Growth SIA, its officers, directors, employees, and agents from and against any claims, liabilities, damages, losses, and expenses (including reasonable legal fees) arising out of or related to:

• Your use of the Platform in violation of these Terms
• Your breach of any applicable law or third-party right
• Any content or data you provide to the Platform that infringes intellectual property rights

9.2 THEO's Indemnification

THEO will indemnify and defend you against third-party claims alleging that the Platform itself infringes a valid intellectual property right, provided you promptly notify us and grant us sole control of the defence. This obligation does not extend to claims arising from your content, modifications, or use of the Platform in combination with third-party services.

10. Sub-processors & Third-Party Services

10.1 AI Processing Partners

The Platform uses third-party AI services to generate positioning intelligence. These sub-processors receive only the minimum data necessary to perform analysis - typically publicly available competitor URLs and project context you provide.

10.2 Sub-processor Register

All sub-processors operate under Data Processing Agreements (DPAs) that prohibit use of your data beyond fulfilling THEO's service requests.

10.3 Infrastructure

The Platform is hosted on EU-based infrastructure (Microsoft Azure and Google Cloud Platform). Data storage and processing comply with GDPR requirements. A full list of sub-processors with DPA documentation is available upon request.

10.4 Changes to Sub-processors

We will notify you of material changes to our sub-processor list at least 30 days in advance. If you object to a new sub-processor, you may terminate your account without penalty during the notice period.

11. Termination

11.1 By You

You may terminate your account at any time by contacting us at info@theogrowth.com. Upon termination, your access to the Platform will cease and your data will be handled in accordance with our Privacy Policy.

11.2 By THEO

We may suspend or terminate your account if you violate these Terms, engage in prohibited conduct, or fail to pay applicable fees. We will provide reasonable notice where practicable.

11.3 Effect of Termination

Upon termination, your right to use the Platform ceases. We will retain your data for the period specified in our Privacy Policy (account data retained for 30 days post-termination). You may request data export before termination.

12. Governing Law & Dispute Resolution

Before initiating formal proceedings, we encourage you to contact us to resolve any disputes amicably.

13. Force Majeure

Neither party shall be liable for any failure or delay in performing its obligations under these Terms where such failure or delay results from circumstances beyond the affected party's reasonable control. Such circumstances include, but are not limited to:

• Natural disasters, acts of war, terrorism, or civil unrest
• Government actions, sanctions, or regulatory changes
• Internet or telecommunications infrastructure failures
• Third-party service provider outages (including AI processing partners)
• Epidemics, pandemics, or public health emergencies

The affected party shall promptly notify the other party and use reasonable efforts to mitigate the impact. If a force majeure event persists for more than 60 consecutive days, either party may terminate the agreement upon written notice.

14. Changes to Terms

We may update these Terms to reflect changes in our services, legal requirements, or business practices. When we make material changes:

• We will notify you by email at least 30 days before changes take effect
• A prominent notice will be displayed on the Platform
• You will have the option to review changes and discontinue use if you disagree
• Continued use after the effective date constitutes acceptance of updated Terms

15. General Provisions

15.1 Severability

If any provision of these Terms is held to be invalid, illegal, or unenforceable by a court of competent jurisdiction, the remaining provisions shall continue in full force and effect. The invalid provision shall be modified to the minimum extent necessary to make it valid and enforceable while preserving its original intent.

15.2 Entire Agreement

These Terms, together with our Privacy Policy, constitute the entire agreement between you and THEO Growth SIA regarding your use of the Platform. They supersede all prior or contemporaneous communications, proposals, and agreements, whether oral or written.

15.3 Assignment

You may not assign or transfer your rights or obligations under these Terms without our prior written consent. THEO may assign these Terms in connection with a merger, acquisition, or sale of all or substantially all of its assets, provided the assignee agrees to honour these Terms.

15.4 Waiver

The failure of either party to enforce any right or provision of these Terms shall not constitute a waiver of that right or provision.

16. Contact Information