Terms of Use

Welcome to Swell Growth Marketing, a growth marketing agency that helps clients grow their revenue through a combination of performance and qualitative data, creativity and storytelling in marketing, and conversion rate optimization. We strive to provide maximum value for our clients' users and enjoy working with teams to drive scalable incremental growth. Our website can be found at www.swellgrowthmarketing.com (the "Site"). By using the Site, you agree to be bound by the following terms of use:

  1. Ownership of Site Content. The Site and all content, including but not limited to text, graphics, logos, images, audio clips, video clips, data compilations, and software, are the property of Swell Growth Marketing or its content suppliers and are protected by United States and international copyright laws.

  2. Use of Site Content. You may access and use the Site and its content for your personal, non-commercial use only. You may not copy, distribute, modify, transmit, perform, display, reproduce, publish, license, create derivative works from, transfer, or sell any content on the Site without the prior written consent of Swell Growth Marketing.

  3. User Conduct. You agree to use the Site only for lawful purposes and in a manner that does not infringe the rights of, or restrict or inhibit the use and enjoyment of, the Site by any third party. You may not use the Site in any manner that could damage, disable, overburden, or impair the Site or interfere with any other party's use and enjoyment of the Site.

  4. Disclaimer of Warranties. The Site and its content are provided "as is" and without warranties of any kind, whether express or implied. Swell Growth Marketing disclaims all warranties, express or implied, including but not limited to implied warranties of merchantability, fitness for a particular purpose, and non-infringement. Swell Growth Marketing does not warrant that the Site will be uninterrupted or error-free, that defects will be corrected, or that the Site or the servers that make the Site available are free of viruses or other harmful components.

  5. Limitation of Liability. In no event shall Swell Growth Marketing be liable for any direct, indirect, incidental, special, or consequential damages arising out of or in connection with your use of the Site or its content, even if Swell Growth Marketing has been advised of the possibility of such damages. Some jurisdictions do not allow the exclusion or limitation of liability for incidental or consequential damages, so the above limitation may not apply to you.

  6. Indemnification. You agree to indemnify and hold harmless Swell Growth Marketing and its affiliates, officers, directors, employees, agents, and licensors from and against any and all claims, liabilities, damages, losses, costs, and expenses (including reasonable attorneys' fees) arising out of or in connection with your use of the Site or its content, your violation of these terms of use, or your violation of any rights of another.

  7. Modifications to Site and Terms of Use. Swell Growth Marketing reserves the right to modify or discontinue the Site or any portion thereof at any time without notice. Swell Growth Marketing also reserves the right to change these terms of use at any time by posting revised terms on the Site. Your continued use of the Site after such changes have been posted constitutes your acceptance of the revised terms.

  8. Governing Law and Jurisdiction. These terms of use shall be governed by and construed in accordance with the laws of the Province of Alberta, Canada, without giving effect to any principles of conflicts of law.

  9. Contact Us. If you have any questions or concerns about these terms of use or our practices regarding your personal information, please contact us at info@swellgrowthmarketing.com. Swell Growth Marketing (trading under the name Zeehelden Consulting) is a registered business at Grunewaldstraße 81, 10823, Berlin, Germany with business number: DE359436229

These terms of use are effective as of April 18, 2023.