Terms of Service

The following capitalized terms have the meanings set out below when used in these Terms:

Acceptable Use Policy (AUP) means the restrictions and obligations set out in Section 4 of these Terms.

Confidential Information means any information disclosed by one party (Disclosing Party) to the other party (Receiving Party) in connection with these Terms that is designated as confidential or that reasonably should be understood to be confidential given the nature of the information and circumstances of disclosure, including Order Forms, pricing, Customer Data, platform architecture, and AI model configurations. Confidential Information does not include information that: (a) is or becomes publicly available through no act or omission of the Receiving Party; (b) was rightfully in the Receiving Party's possession prior to disclosure without restriction; (c) is independently developed by the Receiving Party without use of the Disclosing Party's Confidential Information; or (d) is rightfully obtained from a third party without restriction.

Customer means the legal entity that has executed an Order Form referencing these Terms.

Customer Data means all data, content, and information submitted to or processed by the Service by or on behalf of the Customer, including inputs to AI features and any outputs retrieved or downloaded from the Service.

Documentation means the technical and operational documentation made available by Vendor to Customer describing the features and functions of the Service, as updated from time to time.

Effective Date means the date on which the first Order Form between the parties is executed.

Fees means the amounts payable by Customer to Vendor as specified in an Order Form.

Initial Term means the subscription period specified in the applicable Order Form.

Intellectual Property Rights means all patents, copyrights, moral rights, trademarks, trade secrets, and any other form of intellectual property rights recognized in any jurisdiction worldwide.

Master Agreement means, collectively, these Terms, the DPA, and any applicable Order Form.

Order Form means a written order document (including an online order) executed by both parties that specifies the Service tier, Fees, Initial Term, and any other commercial particulars.

Personal Data has the meaning given to it under applicable data protection law, including the EU General Data Protection Regulation (GDPR), the Hong Kong Personal Data (Privacy) Ordinance (PDPO), and the Turkish Personal Data Protection Law (KVKK).

Service means the Mission Growth Growth Brain AI analytics platform, including all associated software, AI agents, APIs, dashboards, and reporting features, as described in the Documentation and made available to Customer by Vendor pursuant to an Order Form.

Sub-processor means any third-party data processor engaged by Vendor to process Personal Data in connection with the Service.

Vendor means Mission Growth Limited, a company incorporated in Hong Kong (Companies Registry No. 78661026), with registered address at Unit 2A, 17/F, Glenealy Tower, No.1 Glenealy, Central, Hong Kong S.A.R.

2.1 Provision of the Service. Subject to Customer's payment of Fees and compliance with these Terms, Vendor grants Customer a non-exclusive, non-transferable, non-sublicensable right to access and use the Service during the Term solely for Customer's internal business purposes and in accordance with the Documentation and the AUP.

2.2 Nature of the Agreement. The Service is provided as a hosted service under a service contract. These Terms do not constitute a software license. Customer receives access rights to the Service as operated by Vendor; no software is delivered to Customer.

2.3 Service Changes. Vendor may update, modify, or enhance the Service from time to time. Vendor will use commercially reasonable efforts to notify Customer of material changes that reduce core functionality, with at least 30 days' prior written notice.

2.4 Support. Vendor will provide Customer with standard technical support during the Term in accordance with the support tier specified in the Order Form.

2.5 Beta Features. Vendor may make certain features available in beta or preview status. Beta features are provided as-is without warranty and may be discontinued at any time without notice. Beta features are not subject to any service level commitments.

3.1 Account Administration. Customer is responsible for designating and managing administrative users, maintaining the confidentiality of all account credentials, and promptly notifying Vendor of any unauthorized access or suspected security breach.

3.2 Authorized Users. Customer may grant access to the Service to its employees and contractors (Authorized Users) solely for Customer's internal business purposes. Customer is responsible for all acts and omissions of its Authorized Users as if they were Customer's own acts and omissions.

3.3 Accurate Information. Customer represents and warrants that all information Customer provides to Vendor in connection with the Service (including account registration details and Order Form information) is accurate, complete, and current.

3.4 AUP Compliance. Customer must comply, and ensure each Authorized User complies, with the Acceptable Use Policy set out in Section 4.

3.5 Third-Party Integrations. If Customer connects third-party platforms or services to the Service, Customer is solely responsible for ensuring it has the right to share the relevant data with Vendor and that doing so complies with the third party's terms and applicable law.

3.6 Legal Compliance. Customer is responsible for ensuring its use of the Service and any AI-generated outputs complies with all applicable laws, regulations, and industry standards in Customer's jurisdiction, including laws governing marketing, advertising, data protection, and the use of AI-generated content.

4.1 Prohibited Uses. Customer must not, and must ensure that Authorized Users do not, use the Service to:

• Reverse engineer, decompile, disassemble, or otherwise attempt to derive the source code, underlying algorithms, AI model weights, or architecture of the Service or any component thereof.
• Scrape, crawl, spider, or otherwise extract data from the Service in bulk or in any manner not expressly permitted by the Documentation or an Order Form.
• Resell, sublicense, rent, lease, or otherwise make the Service available to any third party, including as part of a managed service or bureau service offering.
• Circumvent or attempt to circumvent any rate limits, access controls, technical restrictions, or security measures of the Service.
• Use the Service for any unlawful purpose, including any purpose that violates applicable Hong Kong law, the laws of any jurisdiction in which Customer operates, or applicable international law.
• Use the Service to process, upload, or transmit content that is defamatory, obscene, harassing, threatening, discriminatory, or that infringes any third party's Intellectual Property Rights.
• Use the Service to disclose, compile, or process personal data in a manner that could constitute doxxing (the disclosure of private personal information to cause harm to the data subject), which constitutes a criminal offense under the Personal Data (Privacy) (Amendment) Ordinance 2021 (Hong Kong).
• Use the Service to generate, distribute, or amplify spam, deceptive content, malware, or phishing material.
• Interfere with or disrupt the integrity or performance of the Service or data contained therein.
• Use the Service to process data relating to individuals under the age of 18 without appropriate lawful basis and safeguards.

4.2 Enforcement. Vendor may suspend Customer's access to the Service immediately and without prior notice if Vendor reasonably believes Customer or any Authorized User is in breach of this Section 4. Vendor will notify Customer of the suspension and provide a reasonable opportunity to remedy the breach, except where the breach constitutes a legal violation or poses an immediate risk to the Service or third parties.

5.1 Fees. Customer agrees to pay all Fees specified in the applicable Order Form. All Fees are quoted in the currency stated on the Order Form and are non-refundable except as expressly stated in Section 6.5.

5.2 Invoicing and Payment. Vendor will invoice Customer in accordance with the payment schedule set out in the Order Form. Unless otherwise specified, invoices are due and payable within 30 days of the invoice date.

5.3 Late Payment. Overdue amounts will accrue interest at the rate of 1.5% per month (or the maximum rate permitted by applicable law, whichever is lower) from the due date until payment is received in full. Vendor may also suspend access to the Service for Customer accounts with invoices overdue by more than 15 days, after providing 10 days' prior written notice.

5.4 Taxes. All Fees are exclusive of applicable taxes, levies, and duties. Customer is responsible for paying all applicable value added tax (VAT), goods and services tax (GST), withholding tax, and other taxes imposed by any governmental authority in connection with Customer's use of the Service. If Vendor is required by law to collect such taxes, the applicable amount will be added to Customer's invoice. If Customer is exempt from certain taxes, Customer must provide Vendor with a valid exemption certificate prior to invoicing.

5.5 No Refunds. All Fees paid are non-refundable. These Terms govern a B2B service contract and no statutory cooling-off rights apply. No refunds will be issued for early termination by Customer, unused portions of any subscription period, or any other reason except where Vendor terminates for convenience pursuant to Section 6.3 (in which case Vendor will provide a pro-rata refund of prepaid Fees covering the unused portion of the Term following the effective date of termination).

5.6 Fee Changes. Vendor may modify Fees for renewal terms by providing Customer with at least 30 days' prior written notice before the end of the then-current Term. Continued use of the Service following the effective date of a fee change constitutes Customer's acceptance of the new Fees.

6.1 Term. These Terms commence on the Effective Date and continue for the Initial Term specified in the Order Form. Following the Initial Term, the agreement will automatically renew for successive periods equal to the Initial Term (each a Renewal Term), unless either party provides the other with written notice of non-renewal at least 30 days before the end of the then-current Term.

6.2 Termination for Cause. Either party may terminate these Terms upon written notice if the other party: (a) materially breaches these Terms and fails to cure such breach within 14 days of receiving written notice of the breach; (b) becomes insolvent, makes an assignment for the benefit of creditors, or becomes subject to insolvency, bankruptcy, liquidation, or similar proceedings; or (c) commits a material breach that is incapable of remedy.

6.3 Termination for Convenience. Either party may terminate these Terms for convenience by providing the other party with at least 30 days' prior written notice. If Vendor terminates for convenience, Vendor will provide a pro-rata refund of any prepaid Fees covering the unused portion of the Term following the effective date of termination. If Customer terminates for convenience, no refund will be due.

6.4 Effect of Termination. Upon expiry or termination of these Terms for any reason: (a) all rights granted to Customer under these Terms will immediately cease; (b) Customer must cease all use of the Service; and (c) each party will promptly return or destroy the other party's Confidential Information in its possession, subject to Section 6.5.

6.5 Data Export Window. Following expiry or termination, Customer will have 30 days to export or retrieve Customer Data from the Service using the export tools made available by Vendor. After this 30-day period, Vendor may delete Customer Data in accordance with its data retention practices and the Data Processing Agreement (DPA). Vendor will provide a certificate of deletion upon request.

6.6 Survival. The following sections will survive expiry or termination: Section 1 (Definitions), Section 5.5 (No Refunds), Section 7 (Confidentiality), Section 9 (Intellectual Property), Section 11 (Warranties and Disclaimers), Section 12 (Limitation of Liability), Section 13 (Indemnification), Section 14 (Governing Law and Dispute Resolution), and Section 15 (General Provisions).

7.1 Mutual Obligation. Each party (as Receiving Party) agrees to: (a) keep the other party's Confidential Information strictly confidential using at least the same degree of care it uses to protect its own confidential information (but no less than reasonable care); (b) use the Confidential Information only as necessary to exercise its rights and perform its obligations under these Terms; and (c) disclose the Confidential Information only to its employees, contractors, and advisors who have a need to know and who are bound by confidentiality obligations at least as protective as those in this Section.

7.2 Compelled Disclosure. If a Receiving Party is required to disclose Confidential Information by law, court order, or governmental authority, the Receiving Party will: (a) provide the Disclosing Party with prompt prior written notice of such requirement (to the extent legally permitted); (b) cooperate with the Disclosing Party's efforts to seek a protective order or other appropriate relief; and (c) disclose only that portion of the Confidential Information that is legally required to be disclosed.

7.3 Remedies. Each party acknowledges that a breach of this Section 7 may cause irreparable harm for which monetary damages would be an inadequate remedy, and that the non-breaching party will be entitled to seek injunctive or equitable relief in any court of competent jurisdiction, in addition to any other remedies available at law, without the requirement to post a bond or prove actual damages.

7.4 Survival. Obligations of confidentiality under this Section 7 will survive the expiry or termination of these Terms for a period of 3 years from the date of termination or expiry.

8.1 DPA Incorporated by Reference. The Data Processing Agreement (DPA) available at missiongrowth.io/legal/dpa is incorporated into these Terms by reference and governs the processing of Personal Data by Vendor on behalf of Customer.

8.2 Controller and Processor Roles. As between the parties, Customer is the controller and Vendor is the processor of Customer Personal Data processed through the Service. Customer retains all responsibility for the lawfulness of its instructions to Vendor and for ensuring an appropriate legal basis exists for any Personal Data submitted to the Service.

8.3 Sub-processors. Vendor uses Sub-processors to assist in providing the Service. A current list of Sub-processors is maintained at missiongrowth.io/legal/subprocessors. Vendor will provide Customer with at least 30 days' advance notice of the addition of any new Sub-processor that will process Customer Personal Data.

8.4 Data Security. Vendor will implement and maintain appropriate technical and organizational measures to protect Customer Data against unauthorized access, disclosure, alteration, or destruction, as further described in the DPA and the Security page at missiongrowth.io/legal/security.

9.1 Vendor IP. As between the parties, Vendor retains all Intellectual Property Rights in and to the Service, including the Growth Brain platform, AI models, algorithms, machine learning pipelines, pre-existing code, trade secrets, data structures, and all improvements, updates, and derivative works thereof. No rights in Vendor's Intellectual Property are transferred to Customer under these Terms except for the limited access right granted in Section 2.1.

9.2 Customer IP. As between the parties, Customer retains all Intellectual Property Rights in and to Customer Data. Customer grants Vendor a limited, non-exclusive, royalty-free license to access, store, process, and transmit Customer Data solely as necessary to provide the Service during the Term.

9.3 AI-Generated Outputs. Ownership of AI-generated outputs is addressed in Section 10.

9.4 Feedback. If Customer provides Vendor with suggestions, feedback, or ideas relating to the Service (Feedback), Customer grants Vendor a perpetual, irrevocable, non-exclusive, royalty-free license to use and incorporate such Feedback into the Service or any other products or services, without obligation to Customer.

9.5 No Implied License. Except as expressly set out in these Terms, no license or right is granted by implication, estoppel, or otherwise.

10.1 Ownership. All outputs generated by the Service in response to Customer inputs (AI-Generated Outputs) are owned by Customer. Vendor claims no Intellectual Property Rights in AI-Generated Outputs.

10.2 No Training on Customer Data. Vendor does not use Customer Data, Customer inputs, or AI-Generated Outputs to train, fine-tune, or improve any AI model, including models operated by Vendor's AI Sub-processors (including Together AI and OpenAI). AI Sub-processors are contractually prohibited from using Customer Data for their own model training.

10.3 Accuracy Disclaimer. AI-Generated Outputs may contain errors, omissions, hallucinations, or inaccuracies. The Service uses large language models and AI systems that are inherently probabilistic. Customer acknowledges that AI-Generated Outputs do not constitute professional advice (legal, financial, medical, or otherwise) and are not guaranteed to be accurate, complete, or suitable for any particular purpose.

10.4 Customer Review Obligation. Customer is solely responsible for reviewing AI-Generated Outputs before relying on them for business decisions, publishing them externally, or using them for any regulated purpose. Vendor accepts no liability for any decisions made by Customer in reliance on AI-Generated Outputs without adequate human review.

10.5 Prompt Confidentiality. Customer inputs, queries, and prompts submitted to the Service are treated as Customer Confidential Information under Section 7.

10.6 Regulatory Compliance. Customer is responsible for determining whether AI-Generated Outputs comply with applicable laws (including advertising standards, consumer protection, financial promotion rules, and AI governance regulations) before use.

10.7 IP Risk Acknowledgment. Intellectual property rights in AI-generated content remain unsettled across multiple jurisdictions. Vendor does not warrant that AI-Generated Outputs are free from third-party intellectual property claims. Customer assumes all risks associated with the use and publication of AI-Generated Outputs.

11.1 Vendor Warranties. Vendor warrants that: (a) the Service will materially conform to the Documentation during the Term; (b) Vendor will provide the Service using commercially reasonable skill and care; and (c) Vendor has the right and authority to enter into these Terms and grant the rights described herein.

11.2 Customer Warranties. Customer warrants that: (a) Customer has the authority to enter into these Terms; (b) Customer's use of the Service and all Customer Data complies with applicable law; and (c) Customer Data does not infringe the rights of any third party.

11.3 Warranty Remedy. If the Service does not materially conform to the Documentation, Customer's sole and exclusive remedy is to notify Vendor in writing and, if Vendor is unable to remedy the non-conformance within a reasonable time, to terminate these Terms for cause pursuant to Section 6.2 and receive a pro-rata refund of prepaid Fees for the remainder of the affected Term.

11.4 Disclaimer. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, EXCEPT AS EXPRESSLY STATED IN SECTION 11.1, THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE". VENDOR EXPRESSLY DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, AND ANY WARRANTIES ARISING FROM COURSE OF DEALING OR USAGE OF TRADE. VENDOR DOES NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED, ERROR-FREE, OR FREE FROM HARMFUL COMPONENTS, OR THAT ANY AI-GENERATED OUTPUTS WILL BE ACCURATE, COMPLETE, OR FREE FROM THIRD-PARTY INTELLECTUAL PROPERTY CLAIMS. VENDOR MAKES NO WARRANTIES WITH RESPECT TO THE AI MODELS OF THIRD-PARTY SUB-PROCESSORS, INCLUDING THEIR ACCURACY, SAFETY, BIAS, OR SUITABILITY FOR ANY PURPOSE.

12.1 Exclusion of Consequential Damages. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, NEITHER PARTY WILL BE LIABLE TO THE OTHER FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE, OR EXEMPLARY DAMAGES, INCLUDING LOSS OF PROFITS, LOSS OF REVENUE, LOSS OF GOODWILL, LOSS OF DATA, LOSS OF BUSINESS OPPORTUNITY, OR COST OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, REGARDLESS OF THE CAUSE OF ACTION OR THE THEORY OF LIABILITY (INCLUDING CONTRACT, TORT, STRICT LIABILITY, OR OTHERWISE), EVEN IF THE PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

12.2 General Liability Cap. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, EACH PARTY'S AGGREGATE LIABILITY TO THE OTHER FOR ALL CLAIMS ARISING OUT OF OR RELATED TO THESE TERMS (INCLUDING ANY ORDER FORM) IN ANY 12-MONTH PERIOD WILL NOT EXCEED THE TOTAL FEES PAID OR PAYABLE BY CUSTOMER TO VENDOR IN THE 12 MONTHS IMMEDIATELY PRECEDING THE CLAIM GIVING RISE TO LIABILITY. IF NO FEES HAVE BEEN PAID IN SUCH PERIOD, THE CAP SHALL BE USD 1,000.

12.3 Super-Cap Exceptions. Notwithstanding Section 12.2, the following claims are subject to elevated or uncapped liability:

• Confidentiality breach: Each party's aggregate liability for claims arising from a breach of Section 7 (Confidentiality) will not exceed 2 times the amount that would otherwise apply under Section 12.2.
• Data security breach: Vendor's aggregate liability for claims arising from unauthorized access to or disclosure of Customer Personal Data due to Vendor's failure to maintain appropriate security measures will not exceed 2 times the amount that would otherwise apply under Section 12.2.
• IP indemnity (Vendor to Customer): Vendor's liability under Section 13.2 (IP indemnification of Customer) is not subject to any monetary cap.
• Fraud or willful misconduct: Neither party's liability for fraud, fraudulent misrepresentation, or willful misconduct is subject to any monetary cap.

12.4 Essential Basis. Each party acknowledges that the limitations of liability set out in this Section 12 reflect a reasonable allocation of risk and are an essential basis of the bargain between the parties. Without these limitations, Vendor would not have entered into these Terms or offered the Service at the applicable Fees.

13.1 Customer Indemnification. Customer will defend, indemnify, and hold harmless Vendor and its officers, directors, employees, and agents from and against any third-party claims, damages, losses, costs, and expenses (including reasonable legal fees) arising out of or relating to: (a) Customer Data, including any allegation that Customer Data infringes or misappropriates any third party's Intellectual Property Rights or violates any applicable law; (b) Customer's or any Authorized User's breach of Section 4 (Acceptable Use Policy); (c) Customer's misrepresentation in connection with these Terms; or (d) Customer's breach of applicable law in connection with its use of the Service or any AI-Generated Outputs.

13.2 Vendor Indemnification. Vendor will defend, indemnify, and hold harmless Customer and its officers, directors, and employees from and against any third-party claims, damages, losses, costs, and expenses (including reasonable legal fees) alleging that the Service itself (excluding Customer Data and Customer's modifications) infringes or misappropriates any third party's patents, copyrights, or trade secrets. This indemnity obligation under this Section 13.2 is not subject to the liability cap in Section 12.2.

13.3 Indemnification Exclusions. Vendor's obligation under Section 13.2 does not apply to claims arising from: (a) modification of the Service by Customer or a third party; (b) Customer's use of the Service in combination with products or services not provided by Vendor; (c) Customer's use of the Service outside the scope of the Documentation or these Terms; or (d) Customer Data or AI-Generated Outputs.

13.4 Indemnification Procedure. The party seeking indemnification (Indemnified Party) must: (a) promptly notify the indemnifying party (Indemnifying Party) in writing of the claim (provided that failure to provide timely notice will not relieve the Indemnifying Party of its obligations except to the extent it is materially prejudiced by such failure); (b) grant the Indemnifying Party sole control of the defense and settlement of the claim; and (c) provide the Indemnifying Party with all reasonable cooperation and assistance at the Indemnifying Party's expense. The Indemnified Party may participate in the defense at its own cost with counsel of its choosing. The Indemnifying Party will not settle any claim that imposes liability or obligation on the Indemnified Party without the Indemnified Party's prior written consent (not to be unreasonably withheld).

14.1 Governing Law. These Terms and any dispute or claim arising out of or in connection with them (including non-contractual disputes or claims) are governed by and construed in accordance with the laws of the Hong Kong Special Administrative Region, without regard to its conflict of law provisions.

14.2 Informal Resolution. Before initiating formal dispute resolution, the parties agree to attempt in good faith to resolve any dispute through direct negotiation. Either party may initiate this process by providing written notice to the other describing the dispute in reasonable detail. The parties will have 30 days from such notice (or such longer period as the parties may agree in writing) to attempt to resolve the dispute before either party may commence arbitration.

14.3 Arbitration. If the parties are unable to resolve a dispute through informal negotiation within the period specified in Section 14.2, the dispute will be finally resolved by binding arbitration administered by the Hong Kong International Arbitration Centre (HKIAC) in accordance with the HKIAC Administered Arbitration Rules (2024 Rules). The seat of arbitration will be Hong Kong. The language of the arbitration will be English. The number of arbitrators will be: (a) 1 sole arbitrator for disputes where the amount in dispute is less than USD 500,000; or (b) a panel of 3 arbitrators for disputes where the amount in dispute is USD 500,000 or more. The arbitral award will be final and binding on both parties.

14.4 Injunctive Relief. Notwithstanding Section 14.3, either party may seek injunctive or other equitable relief in any court of competent jurisdiction to prevent actual or threatened infringement of Intellectual Property Rights, breach of confidentiality obligations, or other irreparable harm, without the obligation to post bond or prove actual damages, and without waiving its right to arbitration.

14.5 Confidentiality of Proceedings. The parties agree to keep all arbitration proceedings, including any arbitral awards, confidential, subject to applicable law and except as necessary to enforce an arbitral award.

15.1 Entire Agreement. These Terms, together with all Order Forms and the DPA, constitute the entire agreement between the parties with respect to the subject matter hereof and supersede all prior and contemporaneous agreements, proposals, representations, and understandings, whether oral or written.

15.2 Order of Precedence. In the event of a conflict between the documents comprising the Master Agreement, the following order of precedence applies (highest to lowest): (a) the applicable Order Form or Statement of Work; (b) the Data Processing Agreement (DPA); (c) these Terms of Service; (d) the Acceptable Use Policy (Section 4). A document of higher precedence prevails over a document of lower precedence only to the extent of the conflict.

15.3 Severability. If any provision of these Terms is held to be invalid, illegal, or unenforceable by a court of competent jurisdiction or arbitral tribunal, such provision will be modified to the minimum extent necessary to make it valid, legal, and enforceable, and the remainder of these Terms will continue in full force and effect.

15.4 Waiver. No failure or delay by either party in exercising any right, power, or privilege under these Terms will operate as a waiver thereof, nor will any single or partial exercise of any right, power, or privilege preclude any other or further exercise of such right, power, or privilege.

15.5 Force Majeure. Neither party will be liable for delay or failure in performance of its obligations (other than payment obligations) to the extent caused by circumstances beyond its reasonable control, including acts of God, natural disasters, war, terrorism, civil unrest, government action, strikes, pandemics, or failures of third-party infrastructure providers (Force Majeure Event). The affected party will promptly notify the other party and will use commercially reasonable efforts to resume performance. If a Force Majeure Event continues for more than 60 days, either party may terminate the affected Order Form without liability to the other party, and Vendor will provide a pro-rata refund of prepaid Fees for the unused portion of the Term.

15.6 Assignment. Neither party may assign these Terms or any rights or obligations hereunder without the other party's prior written consent (not to be unreasonably withheld), except that Vendor may assign these Terms without consent to an affiliate or in connection with a merger, acquisition, corporate reorganization, or sale of all or substantially all of its assets, provided that Vendor provides Customer with reasonable prior notice. Any attempted assignment in violation of this Section will be void. These Terms will bind and inure to the benefit of the parties and their respective permitted successors and assigns.

15.7 Notices. Legal notices required or permitted under these Terms must be in writing and delivered by email with written confirmation of receipt, by overnight courier, or by registered mail to the addresses specified in the applicable Order Form. Notices will be deemed received: (a) upon email transmission with confirmed delivery receipt; (b) 1 business day after deposit with an overnight courier; or (c) 5 business days after deposit with registered mail. Routine operational communications (including support requests) may be sent by email without confirmation of receipt.

15.8 Amendments. Vendor may amend these Terms by providing Customer with at least 30 days' prior written notice. Customer's continued use of the Service following the effective date of any amendment constitutes acceptance of the amended Terms. If Customer does not accept the amended Terms, Customer may terminate these Terms for cause (without the 14-day cure period) by providing written notice to Vendor before the effective date of the amendment.

15.9 Relationship of Parties. The parties are independent contractors. Nothing in these Terms creates a partnership, joint venture, agency, employment, or fiduciary relationship between the parties.

15.10 Third-Party Beneficiaries. These Terms do not create any third-party beneficiary rights.

15.11 Counterparts. These Terms and any Order Form may be executed in counterparts (including electronically), each of which will be deemed an original, and all of which together will constitute one and the same instrument.

15.12 Language. The English language version of these Terms is the definitive version. In the event of any conflict between an English-language version and any translated version, the English-language version prevails.

15.13 Contact. Questions about these Terms may be directed to Mission Growth Limited at contact@missiongrowth.io or by post to Unit 2A, 17/F, Glenealy Tower, No.1 Glenealy, Central, Hong Kong S.A.R.