Terms of Service

Growth Arc — A trading name of NextGen AI Marketing Ltd

Effective Date: 2 March 2026

1. Agreement to Terms

These Terms of Service (“Terms”) govern your access to and use of the website growtharc.ai (“Website”) and any services provided by Growth Arc, a trading name of NextGen AI Marketing Ltd (NZBN 9429052722073) (“we”, “us”, “our”).

By accessing our Website or engaging our services, you agree to be bound by these Terms. If you do not agree with any part of these Terms, you must not use our Website or services.

2. About Us

Legal Entity: NextGen AI Marketing Ltd
Trading As: Growth Arc
NZBN: 9429052722073
Location: New Zealand
Contact: hello@growtharc.ai

3. Our Services

Growth Arc provides AI-powered marketing services including, but not limited to, AI lead generation, traffic and SEO, sales automation, smart appointment booking, ads management, and analytics and reporting.

The specific scope, deliverables, timelines, and fees for any engagement will be set out in a separate service agreement or statement of work between you and Growth Arc. These Terms apply in addition to any such agreement.

4. Consumer Guarantees Act 1993

If you are acquiring our services for personal, domestic, or household use, you have rights under the Consumer Guarantees Act 1993 (CGA) that cannot be excluded, restricted, or modified by these Terms. Our services come with guarantees that cannot be excluded under New Zealand consumer law, including that:

Services will be carried out with reasonable care and skill
Services will be fit for the particular purpose communicated to us
Services will be provided within a reasonable time (if no time is agreed)

Nothing in these Terms is intended to limit any rights you may have under the CGA or the Fair Trading Act 1986.

5. Website Use

You may use our Website for lawful purposes only. You agree not to use our Website in any way that:

Breaches any applicable New Zealand law or regulation
Is fraudulent or deceptive
Involves the transmission of unsolicited or unauthorised advertising
Attempts to gain unauthorised access to our systems
Could damage, disable, or impair the Website

We reserve the right to restrict or terminate your access to the Website at any time if we reasonably believe you are in breach of these Terms.

6. Intellectual Property

All content on the Website, including text, graphics, logos, images, software, and design elements, is owned by or licensed to NextGen AI Marketing Ltd and is protected by New Zealand and international intellectual property laws, including the Copyright Act 1994 and the Trade Marks Act 2002.

You may not reproduce, distribute, modify, or create derivative works from any content on our Website without our prior written consent. The Growth Arc name and logo are trademarks of NextGen AI Marketing Ltd. Unauthorised use is prohibited.

7. Contact Form and Communications

When you submit an enquiry through our Website contact form, you consent to us storing your information in our customer relationship management system (HubSpot) and contacting you in response to your enquiry. We will handle your personal information in accordance with our Privacy Policy and the Privacy Act 2020.

By providing your email address, you consent to receiving communications from us related to your enquiry. You may opt out of any marketing communications at any time by contacting us at hello@growtharc.ai.

8. Disclaimers

Subject to your rights under the Consumer Guarantees Act 1993, our Website is provided on an “as is” and “as available” basis. While we endeavour to keep the Website operational and accurate, we do not warrant that:

The Website will be uninterrupted, error-free, or free of viruses or other harmful components
Any defects will be corrected
The content on the Website is complete, accurate, or up to date

Any results, case studies, or performance metrics mentioned on our Website are illustrative and do not guarantee similar outcomes. Marketing results vary depending on industry, market conditions, budget, and other factors.

9. Limitation of Liability

To the maximum extent permitted by New Zealand law, and subject to Section 4 (Consumer Guarantees Act) of these Terms, NextGen AI Marketing Ltd shall not be liable for any indirect, incidental, special, consequential, or punitive damages, or any loss of profits, revenue, data, or business opportunities arising from your use of the Website or our services.

Our total liability for any claim arising under or in connection with these Terms shall not exceed the total fees paid by you to Growth Arc in the 12 months preceding the claim.

Nothing in these Terms excludes or limits liability for death or personal injury caused by negligence, fraud or fraudulent misrepresentation, or any liability that cannot be excluded or limited under New Zealand law.

10. Indemnification

You agree to indemnify and hold harmless NextGen AI Marketing Ltd, its directors, employees, and agents from any claims, losses, damages, liabilities, and expenses (including legal costs) arising from your breach of these Terms, your use of the Website or services, or your violation of any applicable law or the rights of a third party.

11. Electronic Communications

We comply with the Unsolicited Electronic Messages Act 2007 (New Zealand). We will not send you unsolicited commercial electronic messages without your consent. All marketing communications will include a clear mechanism to unsubscribe or opt out.

12. Governing Law and Disputes

These Terms are governed by the laws of New Zealand. Any disputes arising from or in connection with these Terms shall be subject to the exclusive jurisdiction of the courts of New Zealand.

In the event of a dispute, the parties agree to first attempt to resolve the matter through good-faith negotiation. If the dispute cannot be resolved through negotiation within 30 days, either party may refer the matter to mediation before pursuing court proceedings. For claims within the jurisdiction of the Disputes Tribunal of New Zealand, either party may refer the matter to the Tribunal.

13. Third-Party Links

Our Website may contain links to third-party websites or services. We do not control, endorse, or assume responsibility for the content, privacy policies, or practices of any third-party websites. You access third-party websites at your own risk.

14. Modifications to These Terms

We reserve the right to update or modify these Terms at any time. Changes will be effective when posted on this page with an updated effective date. Your continued use of the Website after any changes constitutes acceptance of the revised Terms.

For material changes that significantly affect your rights, we will make reasonable efforts to provide notice (such as posting a prominent notice on our Website).

15. Severability

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

16. Entire Agreement

These Terms, together with our Privacy Policy and any separate service agreement, constitute the entire agreement between you and Growth Arc regarding your use of the Website and services.

17. Contact Us

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

Email: hello@growtharc.ai
Website: growtharc.ai
Entity: NextGen AI Marketing Ltd (NZBN 9429052722073)
Location: New Zealand