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Legal

Terms of Service

Last updated: April 12, 2026

1. Acceptance of Terms

These Terms of Service ("Terms") constitute a legally binding agreement between you and The Growth X, Inc. ("TGX," "we," "our," or "us") governing your access to and use of the Meridian platform and all associated services, including our website at thegrowthx.com (collectively, the "Service").

By creating an account, accessing, or using Meridian, you acknowledge that you have read, understood, and agree to be bound by these Terms. If you are accepting these Terms on behalf of a company or other legal entity, you represent that you have the authority to bind that entity to these Terms.

If you do not agree to these Terms, you may not access or use the Service.


2. Description of Service

Meridian is a marketing intelligence platform that connects to your existing advertising and marketing accounts, analyzes campaign performance data, and provides prioritized decision recommendations designed to improve media spend efficiency.

The Service includes, but is not limited to:

  • Cross-channel campaign data ingestion and analysis
  • Intelligence-driven decision recommendations with projected outcomes
  • Portfolio-level efficiency scoring and benchmarking
  • Decision queue management with one-click execution capabilities
  • Performance reporting and audit trail documentation

Meridian's recommendations are generated by our proprietary intelligence models and are provided as decision support tools. You are solely responsible for reviewing, approving, and executing any recommendations. TGX does not guarantee specific outcomes from any recommended action.


3. Account Registration

To use Meridian, you must create an account by providing accurate, current, and complete information. You agree to:

  • Provide truthful and accurate registration information
  • Maintain and promptly update your account information
  • Maintain the security and confidentiality of your login credentials
  • Notify us immediately of any unauthorized use of your account
  • Accept responsibility for all activities that occur under your account

We reserve the right to suspend or terminate accounts that contain inaccurate information or that we reasonably believe have been compromised.


4. Acceptable Use

You agree to use Meridian only for lawful purposes and in accordance with these Terms. You agree not to:

  • Reverse engineer, decompile, disassemble, or otherwise attempt to discover the source code, algorithms, or underlying structure of the Service
  • Attempt to gain unauthorized access to any portion of the Service, other accounts, or any systems or networks connected to the Service
  • Use the Service to transmit viruses, malware, or any other harmful or disruptive code
  • Use the Service in any manner that could damage, disable, overburden, or impair our servers or networks
  • Use automated tools (bots, scrapers, crawlers) to access the Service except through our authorized APIs
  • Sublicense, sell, resell, or provide the Service to third parties without our written consent
  • Use the Service to compete with TGX or to develop a competing product or service

5. Intellectual Property

The Meridian platform, including all software, algorithms, intelligence models, user interface designs, documentation, and all related intellectual property, is and remains the exclusive property of The Growth X, Inc. These Terms do not grant you any ownership rights in the Service.

You retain full ownership of your data, including all marketing campaign data, ad spend information, and performance metrics that you connect to or upload to Meridian. Nothing in these Terms transfers ownership of your data to TGX.

All trademarks, service marks, trade names, and logos displayed on the Service are the property of TGX or their respective owners. You may not use any of these marks without prior written consent.


6. Your Data

By connecting your marketing accounts and data sources to Meridian, you grant TGX a limited, non-exclusive, revocable license to access, process, and analyze your connected marketing data solely for the purpose of providing the Service to you.

This license includes the right to:

  • Ingest and store your campaign data from connected platforms
  • Analyze your data using our intelligence models to generate recommendations
  • Display your data within the Meridian interface for your use
  • Create anonymized, aggregated datasets for benchmarking and model improvement

We will never share your individually identifiable data with third parties for their own purposes. Anonymized, aggregated data that cannot be used to identify you or your company may be used to improve our intelligence models and provide industry benchmarks. See our Privacy Policy for full details on how we handle your data.


7. Confidentiality

Both parties acknowledge that in the course of this agreement, each party may receive or have access to confidential information of the other party. "Confidential Information" includes, but is not limited to: business strategies, financial data, customer lists, campaign data, platform architecture, and proprietary algorithms.

Each party agrees to:

  • Hold all Confidential Information in strict confidence
  • Not disclose Confidential Information to any third party without prior written consent
  • Use Confidential Information only for the purposes of this agreement
  • Protect Confidential Information with at least the same degree of care used to protect its own confidential information

These confidentiality obligations shall survive termination of this agreement for a period of three (3) years.


8. Payment Terms

Access to Meridian requires a paid subscription as outlined in your service agreement or order form. By subscribing, you agree to the following:

  • Fees — subscription fees are as specified in your order form or service agreement and are due in accordance with the payment schedule set forth therein
  • Billing — fees are billed in advance on a monthly or annual basis, depending on your subscription plan
  • Taxes — all fees are exclusive of applicable taxes, which are your responsibility
  • Late payments — overdue invoices may incur interest at a rate of 1.5% per month (or the maximum rate permitted by law, whichever is less)
  • Price changes — we will provide at least 30 days' written notice before any fee increases take effect at the next renewal period

Cancellation

You may cancel your subscription at any time by providing written notice. Annual subscriptions cancelled before the end of the term are non-refundable unless otherwise specified in your service agreement. Monthly subscriptions can be cancelled with 30 days' notice.


9. Service Availability

We strive to maintain 99.9% uptime for the Meridian platform. However, we do not guarantee uninterrupted, timely, or error-free access to the Service. The Service may be temporarily unavailable due to:

  • Scheduled maintenance (with reasonable advance notice)
  • Emergency maintenance or security patching
  • Third-party service provider outages
  • Force majeure events beyond our reasonable control

We will make commercially reasonable efforts to notify you of planned downtime and to restore service promptly in the event of unplanned outages.


10. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW:

TGX SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING WITHOUT LIMITATION: LOSS OF PROFITS, DATA, BUSINESS OPPORTUNITIES, OR GOODWILL, ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF OR INABILITY TO USE THE SERVICE, REGARDLESS OF THE CAUSE OF ACTION OR THE THEORY OF LIABILITY.

IN NO EVENT SHALL TGX'S TOTAL AGGREGATE LIABILITY EXCEED THE AMOUNTS PAID BY YOU TO TGX DURING THE TWELVE (12) MONTHS IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO THE CLAIM.

Meridian's recommendations are generated by algorithmic intelligence models and are intended as decision support. TGX is not responsible for the outcomes of decisions you make based on Meridian's recommendations, whether you approve, modify, or override them.


11. Indemnification

You agree to indemnify, defend, and hold harmless TGX and its officers, directors, employees, and agents from and against any claims, liabilities, damages, losses, and expenses (including reasonable attorneys' fees) arising out of or in connection with:

  • Your use of the Service in violation of these Terms
  • Your violation of any applicable law or regulation
  • Your infringement of any third-party rights
  • Any data you connect to or upload to the Service

TGX agrees to indemnify, defend, and hold harmless you and your officers, directors, employees, and agents from and against any claims that the Service infringes any third-party intellectual property rights, provided you promptly notify TGX of any such claim and cooperate in the defense.


12. Termination

Either party may terminate this agreement:

  • For convenience, with 30 days' written notice to the other party
  • Immediately, if the other party materially breaches these Terms and fails to cure such breach within 15 days of receiving written notice
  • Immediately, if the other party becomes insolvent, files for bankruptcy, or ceases operations

Effect of Termination

Upon termination:

  • Your right to access and use the Service will immediately cease
  • You may request an export of your data for up to 30 days following termination
  • After the 30-day export period, we will delete your data from our active systems in accordance with our data retention policies
  • All outstanding fees for the current billing period remain due and payable

Sections that by their nature should survive termination (including Intellectual Property, Confidentiality, Limitation of Liability, Indemnification, and Governing Law) shall survive termination of this agreement.


13. Governing Law

These Terms shall be governed by and construed in accordance with the laws of the State of New York, without regard to its conflict of law principles. Any legal action or proceeding arising out of or relating to these Terms shall be brought exclusively in the state or federal courts located in New York County, New York, and you consent to the personal jurisdiction of such courts.

Any dispute arising under these Terms that cannot be resolved through good-faith negotiation within 30 days shall be submitted to binding arbitration administered by the American Arbitration Association under its Commercial Arbitration Rules. The arbitration shall be conducted in New York, New York.


14. General Provisions

Entire Agreement. These Terms, together with our Privacy Policy and any applicable order form or service agreement, constitute the entire agreement between you and TGX regarding the Service.

Severability. If any provision of these Terms is held to be invalid or unenforceable, the remaining provisions shall continue in full force and effect.

Waiver. Our failure to enforce any right or provision of these Terms shall not constitute a waiver of that right or provision.

Assignment. You may not assign or transfer your rights under these Terms without our prior written consent. We may assign our rights and obligations without restriction.

Modifications. We may update these Terms from time to time. We will notify you of material changes by updating the "Last updated" date and, for significant changes, by email. Your continued use of the Service after changes take effect constitutes your acceptance.


15. Contact

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

Email: legal@thegrowthx.com
Address: The Growth X, Inc., New York, NY
General inquiries: faiq@thegrowthx.com

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