Terms of Service

Welcome to BDS Growth Engine (the "Platform"), operated by Business Development Source Corp ("BDS", "we", "our", or "us"). These Terms of Service ("Terms") constitute a legally binding agreement between you ("User", "you", or "your") and BDS governing your access to and use of our platform, products, and services.

1. Acceptance of Terms

By accessing or using the Platform, you agree to these Terms, our Privacy Policy, and our Acceptable Use Policy, all of which are incorporated herein by reference. If you are using the Platform on behalf of a company, organization, or other entity, you represent and warrant that you have the authority to bind that entity to these Terms.

We reserve the right to modify these Terms at any time. We will notify you of material changes via email or through an in-platform notification. Continued use of the Platform after such modifications constitutes your acceptance of the revised Terms.

2. Definitions

• "Account" means your registered account on the Platform.
• "Content" means any text, images, videos, articles, posts, or other materials created, uploaded, or managed through the Platform.
• "Client" means a third party who accesses the Platform under your account via the client portal or staff portal.
• "Subscription Plan" means the specific service tier you have subscribed to, as described on our pricing page.
• "White-Label Services" means the optional branding customization features available to White-Label Agency subscribers.
• "Connected Platforms" means third-party social media services (e.g., YouTube, LinkedIn, Facebook, Instagram, TikTok, X/Twitter, WordPress, Google Business Profile, Pinterest, Threads, Bluesky) that you have authorized via OAuth.
• "Automation" or "Auto-Pilot" means any feature that enables automatic publishing, scheduling, or distribution of Content without requiring individual manual approval for each piece of Content.

3. Eligibility & Account Registration

3.1 Eligibility

The Platform is designed exclusively for lawful, professional business-to-business (B2B) marketing use. To use the Platform, you must:

• Be at least 18 years old (or the age of legal majority in your jurisdiction).
• Have the legal capacity and authority to enter into a binding agreement.
• Represent a legitimate business, agency, or professional entity.
• Not be located in a jurisdiction where use of the Platform would violate applicable law.

3.2 Account Registration

You must provide accurate, current, and complete information during registration. You are solely responsible for maintaining the confidentiality of your account credentials and for all activity under your account. You agree to notify us immediately of any unauthorized use of your account.

3.3 One Account Per Entity

Each business entity may maintain one primary account. Agency-tier accounts may manage multiple client brands under their subscription.

4. Description of Services

BDS Growth Engine is a professional content automation platform that enables businesses to:

• Generate AI-assisted articles, social media posts, and video content.
• Manage and schedule content across multiple social media platforms.
• Connect and publish to social media accounts via secure OAuth integrations.
• Manage multiple client brands (Agency and White-Label plans).
• Customize platform branding (White-Label plan only).

5. Subscription Plans & Billing

5.1 Subscription Plans

The Platform offers multiple tiers with varying features, quotas, and pricing. Details of available plans are listed on our Pricing Page. We reserve the right to modify plan features and pricing with at least 30 days' notice.

5.2 Billing & Payment

• Subscription fees are billed in advance on a monthly or annual basis, depending on your selected billing cycle.
• All fees are quoted in U.S. dollars and are non-refundable except as expressly stated herein.
• You authorize us to charge your designated payment method for all applicable fees.
• Failure to maintain a valid payment method may result in suspension of your account.

5.3 Free Trials

If we offer a free trial, you may use the Platform during the trial period at no cost. At the end of the trial, your account will convert to the selected paid plan unless you cancel before the trial expires.

5.4 Refund Policy

Due to the nature of digital services, all subscription fees are generally non-refundable. However:

• If you experience a material service outage exceeding 72 continuous hours, you may request a pro-rata credit for the affected period.
• Refund requests for extenuating circumstances will be considered on a case-by-case basis at our sole discretion.

5.5 Plan Upgrades & Downgrades

You may upgrade your plan at any time, with the new rate prorated for the remainder of your billing cycle. Downgrades take effect at the start of your next billing cycle. When downgrading, features and quotas exceeding your new plan limits will be adjusted accordingly.

6. User Content & Responsibilities

6.1 Ownership

You retain all ownership rights to Content you create or upload to the Platform. By using the Platform, you grant us a limited, non-exclusive, worldwide license to store, process, and display your Content solely for the purpose of providing the services.

6.2 Content Review & Approval

• You are solely responsible for reviewing, editing, and approving all Content before it is published.
• You assume full liability for all Content published through your account, whether manually approved or automatically published.

6.3 Content Accuracy

AI-generated content may contain errors, inaccuracies, or outdated information. You are solely responsible for verifying the accuracy of all Content before publication. BDS shall not be liable for any damages arising from the publication of inaccurate AI-generated content.

7. Automation Features & Auto-Pilot Disclosure

7.1 User-Controlled Automation

The Platform offers optional automation features (including but not limited to "Auto-Pilot" mode, scheduled publishing, and batch publishing) that allow Content to be published without requiring individual manual approval for each piece. These features are disabled by default and must be explicitly enabled by you.

7.2 Full Responsibility

• By enabling any automation feature, you accept sole and complete responsibility for all Content published through your account, including Content published automatically.
• You acknowledge that you have configured the automation settings to your satisfaction and that the Platform is acting on your explicit instructions.
• You waive any and all claims against BDS Growth Engine, Business Development Source Corp, and their respective officers, directors, employees, agents, shareholders, and affiliates arising from or related to Content published via automation.

7.3 No Liability for Automated Publications

BDS Growth Engine and Business Development Source Corp accept absolutely no liability whatsoever for:

• The accuracy, quality, appropriateness, or legality of Content published via automation.
• Any damages, losses, claims, or consequences arising from automated Content publishing.
• Any third-party claims resulting from Content published automatically on your behalf.
• Any reputational, financial, or legal harm resulting from automated publications.

7.4 Recommendation

We strongly recommend that all users review Content drafts before publishing. Automation is provided as a convenience for experienced users who have established and tested their content generation parameters. Use of automation features is entirely at your own risk.

8. Prohibited Content & Conduct

You may NOT use the Platform to create, publish, distribute, or store:

• Political Content: Political advocacy, propaganda, electioneering material, or content designed to influence elections or political outcomes.
• Adult Content: Sexually explicit, pornographic, or obscene material.
• Hate Speech: Content that promotes hatred, harassment, bullying, discrimination, or violence against any individual or group.
• Deceptive Content: Misleading, fraudulent, or deceptive material, including fake news, phishing schemes, or scams.
• Infringing Content: Content that violates the intellectual property, copyright, trademark, or other proprietary rights of any third party.
• Malicious Content: Malware, viruses, spam, or any content designed to harm or exploit systems or users.
• Illegal Content: Any content that violates applicable local, state, national, or international law or regulation.
• Impersonation: Content that misrepresents your identity or falsely implies endorsement by any third party.

We reserve the right to review, remove, or disable access to any Content that we reasonably believe violates these Terms, without prior notice.

9. Third-Party Integrations & OAuth

9.1 Connected Platforms

The Platform integrates with third-party social media platforms through OAuth 2.0 authorization. When you connect a social media account:

• You authorize us to access, manage, and publish content to that account on your behalf.
• We store only the access tokens and necessary profile information — we never store your social media passwords.
• You may revoke our access at any time through your social media platform's settings.

9.2 Third-Party Terms

Your use of Connected Platforms remains subject to those platforms' own terms of service, privacy policies, and community guidelines. BDS is not responsible for any changes in third-party platform policies, API availability, or functionality that may affect the Platform's services.

9.3 Google API Compliance

Our use of information received from Google APIs adheres to the Google API Services User Data Policy, including the Limited Use requirements.

10. White-Label Agency Services

10.1 Branding Customization

White-Label Agency subscribers may customize certain visual elements of the Platform, including:

• Agency display name (replacing "BDS Growth Engine" references).
• Agency logo and favicon.
• Primary and accent brand colors.

10.2 White-Label Restrictions

• White-Label branding is applied as an overlay to the existing Platform. It does not constitute a separate product, software license, or franchise.
• You may not claim ownership of the Platform's underlying technology, codebase, or infrastructure.
• You may not use white-label features to misrepresent the origin of the Platform or to deceive end users about the nature of the service provider.
• You are solely responsible for ensuring that your agency branding (name, logo, colors) does not infringe upon any third-party trademarks, copyrights, or intellectual property rights.

10.3 Client Management Responsibilities

As a White-Label Agency subscriber managing client accounts:

• You are responsible for your clients' compliance with these Terms.
• You are the primary point of contact for your clients — BDS does not provide direct support to your white-label end users.
• You must maintain appropriate agreements with your own clients governing their use of the Platform through your branded interface.
• You remain liable for all Content created and published by accounts under your agency.

10.4 Termination of White-Label

Upon cancellation or downgrade from the White-Label plan, all custom branding will be removed and the Platform will revert to default BDS Growth Engine branding. This change takes effect immediately upon plan transition.

10.5 Social Media Account Connections

Social media account connections (e.g., Google, Facebook, LinkedIn) are powered by BDS Growth Engine's enterprise infrastructure. When your clients connect their social media accounts, the authorization consent screen will display "BDS Growth Engine" as the requesting application. This is required by the social media platforms and does not affect the white-label presentation within the Platform interface. BDS Growth Engine serves as the technical provider of record for all API integrations.

10.6 White-Label Liability

11. Intellectual Property

11.1 Our Intellectual Property

The Platform, including its software, design, features, functionality, branding, logos, and all associated intellectual property, is and remains the exclusive property of Business Development Source Corp. Nothing in these Terms grants you any right, title, or interest in our intellectual property, except for the limited right to use the Platform in accordance with these Terms.

11.2 Your Intellectual Property

You retain all rights to your Content. The license granted to us under Section 6.1 is limited to providing the services and does not transfer ownership of your Content to us.

11.3 Feedback

If you provide suggestions, ideas, or feedback regarding the Platform, you grant us a perpetual, irrevocable, worldwide, royalty-free license to use, modify, and incorporate such feedback without obligation to you.

12. Data Handling & Privacy

Our collection, use, and protection of your personal data is governed by our Privacy Policy. By using the Platform, you consent to the data practices described therein, including:

• Collection of account information, usage data, and OAuth tokens.
• Industry-standard encryption of sensitive data (access tokens, credentials).
• Your right to data deletion and account removal upon request.

13. AI-Generated Content Disclosure

The Platform utilizes artificial intelligence (including OpenAI's GPT-4o and other models) to generate content. You acknowledge and agree that:

• AI-generated content is produced algorithmically and may contain errors, inaccuracies, biases, or outdated information.
• AI-generated article lengths may vary by approximately ±15% from the requested word count. This variance is inherent to AI content generation and is not considered a defect or service failure.
• You are solely responsible for reviewing, editing, and verifying all AI-generated content before publication.
• BDS Growth Engine makes no warranties regarding the accuracy, originality, or suitability of AI-generated content for any particular purpose.
• BDS Growth Engine shall not be liable for any claims, damages, or losses arising from the publication or use of AI-generated content.

14. Service Availability & Modifications

14.1 Uptime

We strive to maintain high availability but do not guarantee uninterrupted, error-free access. We are not liable for any downtime, interruptions, or data loss resulting from maintenance, updates, or circumstances beyond our reasonable control.

14.2 Modifications

We reserve the right to modify, update, or discontinue any feature of the Platform at any time. For material changes that reduce functionality, we will provide at least 30 days' advance notice.

15. Termination & Suspension

15.1 Termination by You

You may cancel your subscription at any time through your account settings. Cancellation takes effect at the end of your current billing period. No refunds will be issued for unused portions of a billing period, except as provided in Section 5.4.

15.2 Termination by Us

We may suspend or terminate your account immediately, without prior notice, if:

• You violate any provision of these Terms, particularly Section 8 (Prohibited Content).
• You engage in activity that may harm the Platform, other users, or third parties.
• Your payment method fails and is not resolved within 15 days.
• We are required to do so by law or regulatory authority.

15.3 Effect of Termination

Upon termination:

• Your right to access the Platform ceases immediately.
• We will delete your Content within 30 days, unless retention is required by law.
• All OAuth access tokens will be invalidated.
• If applicable, white-label branding will be removed immediately.
• Provisions that by their nature should survive termination (including Sections 11, 16, 17, 18, and 19) shall survive.

16. Disclaimer of Warranties

Without limiting the foregoing, we do not warrant that:

• The Platform will meet your specific requirements or expectations.
• The Platform will be uninterrupted, timely, secure, or error-free.
• AI-generated content will be accurate, complete, or suitable for any particular purpose.
• Any third-party platforms will maintain API compatibility or availability.
• Results obtained from using the Platform will be accurate or reliable.

17. Limitation of Liability

• IN NO EVENT SHALL OUR TOTAL AGGREGATE LIABILITY EXCEED THE AMOUNTS PAID BY YOU TO BDS IN THE TWELVE (12) MONTHS IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO THE CLAIM.
• THESE LIMITATIONS APPLY WHETHER THE ALLEGED LIABILITY IS BASED ON CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, OR ANY OTHER BASIS, EVEN IF BDS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
• BDS GROWTH ENGINE AND BUSINESS DEVELOPMENT SOURCE CORP ACCEPT NO RESPONSIBILITY OR LIABILITY FOR: (A) ANY CONTENT GENERATED, APPROVED, OR PUBLISHED BY USERS; (B) ANY ACTIONS TAKEN BY USERS OR THEIR CLIENTS THROUGH THE PLATFORM; (C) ANY THIRD-PARTY PLATFORM CHANGES, OUTAGES, OR API MODIFICATIONS; (D) ANY LOSS OF DATA, REVENUE, OR BUSINESS OPPORTUNITIES; (E) ANY CONSEQUENCES OF AUTOMATED CONTENT PUBLISHING, including Content published via the Auto-Pilot toggle or any other automation feature.

Some jurisdictions do not allow the exclusion or limitation of certain damages. In such jurisdictions, our liability shall be limited to the greatest extent permitted by law.

18. Indemnification

You agree to indemnify, defend, and hold harmless BDS, its officers, directors, employees, agents, and affiliates from and against any and all claims, liabilities, damages, losses, costs, and expenses (including reasonable attorneys' fees) arising out of or related to:

• Your use of the Platform or violation of these Terms.
• Any Content you create, upload, or publish through the Platform.
• Your violation of any law, regulation, or third-party right.
• Your clients' use of the Platform under your agency account (for Agency and White-Label subscribers).
• Any claim by a third party that your white-label branding infringes upon their intellectual property rights.
• Any consequences arising from your use of automation or Auto-Pilot features.

19. Dispute Resolution & Governing Law

19.1 Governing Law

These Terms shall be governed by and construed in accordance with the laws of the State of Delaware, United States, without regard to its conflict-of-law provisions.

19.2 Informal Resolution

Before initiating any formal dispute resolution, you agree to first contact us at legal@businessdevelopmentsource.com and attempt to resolve the dispute informally for at least 30 days.

19.3 Arbitration

If informal resolution fails, any dispute shall be resolved by binding arbitration administered by the American Arbitration Association (AAA) under its Commercial Arbitration Rules. The arbitration shall be conducted in the State of Delaware. The arbitrator's decision shall be final and binding.

19.4 Class Action Waiver

YOU AGREE THAT ANY DISPUTE RESOLUTION PROCEEDINGS WILL BE CONDUCTED ONLY ON AN INDIVIDUAL BASIS AND NOT IN A CLASS, CONSOLIDATED, OR REPRESENTATIVE ACTION. You waive any right to participate in a class action lawsuit or class-wide arbitration.

20. General Provisions

20.1 Entire Agreement

These Terms, together with our Privacy Policy and Acceptable Use Policy, constitute the entire agreement between you and BDS regarding the Platform and supersede all prior agreements.

20.2 Severability

If any provision of these Terms is found to be unenforceable or invalid, that provision shall be modified to the minimum extent necessary to make it enforceable, and the remaining provisions shall continue in full force and effect.

20.3 Waiver

Our failure to enforce any provision of these Terms shall not constitute a waiver of that provision or any other provision. Any waiver must be in writing and signed by BDS.

20.4 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.

20.5 Force Majeure

BDS shall not be liable for any failure or delay in performance due to circumstances beyond our reasonable control, including natural disasters, wars, pandemics, government actions, internet outages, or third-party platform failures.

20.6 Notices

We may deliver notices to you via email, in-platform notifications, or by posting on the Platform. You may deliver notices to us via the contact information provided below.

21. Contact Information

For questions or concerns regarding these Terms of Service:

Business Development Source Corp
General: bdsgrowthengine@businessdevelopmentsource.com
Legal: legal@businessdevelopmentsource.com
Support: support@businessdevelopmentsource.com
Abuse: abuse@businessdevelopmentsource.com
Web: bdsgrowth.com