These Terms of Service ("ToS") govern your access to and use of GrowthCode's products and services. By signing an Order Form or using GrowthCode Services, you agree to these terms. If you don't agree, don't use the Services. These ToS, together with the applicable Order Form and Data Processing Agreement ("DPA"), form the complete agreement between you and GrowthCode.

GrowthCode may update these ToS at any time. We’ll give you 30 days’ notice of material changes via email or through the platform. Material changes apply to new Order Forms and to renewals of existing Order Forms. They do not apply to the current term of an already-executed Order Form. Non-material changes take effect immediately upon notice. Continued use of the Services after the effective date of any update constitutes acceptance of the updated ToS. The current version of these ToS is available at growthcode.io/online-seller-terms. Previous versions are available upon request by contacting legal@growthcode.io.

1. Definitions

Aggregator: A Client that resells or packages GrowthCode Services to Publishers under their own platform. Aggregators may resell Standard Services and, where expressly specified in the applicable Order Form, Premium Services to their publisher clients.
Client: A company or individual that has signed an Order Form with GrowthCode. Depending on the services purchased, a Client is either a Publisher or an Aggregator.
Client Data: Data submitted by Client to GrowthCode for processing in connection with the Services, including first-party identifiers, hashed emails, and audience data. Client owns Client Data.
GrowthCode: GrowthCode, LLC, a New York limited liability company.
GrowthCode Data: Data owned or licensed by GrowthCode, including the GrowthCode Identity Graph, GCIDs, universal IDs, and any derived data products. GrowthCode owns GrowthCode Data.
GrowthCode Services: The products and services described in Section 3 and specified in the applicable Order Form, provided via growthcode.io or related platforms.
Order Form: A document signed by GrowthCode and Client specifying the services, fees, delivery method, and any other terms specific to that engagement. Each Order Form incorporates these ToS and the DPA.
Page View: An instance that triggers GrowthCode Services, including webpage loads, video player initiations, bid request enrichments, or other server calls where GrowthCode systems process identity graph data. A standard ad impression alone does not constitute a Page View.
Personal Data: Data that identifies or is reasonably capable of identifying a natural person, as defined under applicable privacy laws including GDPR, UK GDPR, and CCPA/CPRA.
Publisher: A Client that operates websites or apps and uses Standard Services to monetize their first-party data and advertising inventory.
Premium Services: GrowthCode Graph Plus, GrowthCode Data Insights, and GrowthCode Orchestrate. Premium Services are available to Publishers and Aggregators as specified in the applicable Order Form. Aggregators may resell Premium Services to their publisher clients where expressly permitted in the applicable Order Form. Territory availability for each Premium Service is set out in Section 2.2.
Premium Signals: Hashed emails, demographic data, or other first-party data licensed by a Client to GrowthCode for use in Premium Services, as specified in the Order Form. The licensing Client owns Premium Signals.
Standard Services: GrowthCode Graph, GrowthCode Enrich, and GrowthCode Analytics, available to Publishers and Aggregators. GrowthCode Graph and GrowthCode Enrich are typically provided together and referred to collectively in Order Forms as 'Graph & Enrich.

2. GrowthCode Services

2.1 Standard Services

Standard Services are available to Publishers and Aggregators. They include:

GrowthCode Graph: Creates first-party IDs, tracks users across Client domains, contextualizes URLs, generates universal IDs, appends hashed emails and MAIDs, and delivers data to Client daily via the method specified in the Order Form.
GrowthCode Enrich: Manages and provisions identity data for OpenRTB via Prebid, inserts EID and contextual data into bid requests, and optimizes ID absorption.
GrowthCode Analytics: Provides reporting on traffic volumes, enrichment rates, identity resolution rates, device and platform usage, geographic engagement, uplift analysis, and audience segmentation.

2.2 Premium Services

Premium Services are available to Publishers and Aggregators as elected in the applicable Order Form. Aggregators may resell Premium Services to their publisher clients where the applicable Order Form expressly permits it. Each Premium Service is delivered in the United States and in other markets where GrowthCode determines that delivery is consistent with applicable law and its then-current regulatory compliance posture. GrowthCode may update territory availability for any Premium Service by written notice.

GrowthCode Graph Plus: Enhances GrowthCode Graph and Enrich by inserting additional first-party and contextual data into the identity graph and bid stream, including matching eligible traffic to hashed emails and, with Client approval, inserting SSP IDs or contextual metadata to increase signal density and monetization performance. Hashed email matching is currently available for US traffic only. Other Graph Plus features are available in markets permitted by applicable law and GrowthCode's then-current regulatory compliance posture.
GrowthCode Data Insights: Advanced publisher-level analytics and reporting, including enrichment rates, resolution rates, and audience-level data. GrowthCode Data Insights is available in two tiers: Insights (standard analytics and enrichment reporting) and Insights+ (expanded analytics including predictive performance models). The applicable tier is specified in the Order Form. Both tiers are available in markets permitted by applicable law and GrowthCode's then-current regulatory compliance posture.
GrowthCode Orchestrate: Daily export of Client's identity graph data to Client's designated storage destination. One export to Client's own designated S3 bucket is included. Additional exports to third-party destinations are subject to the fees specified in the applicable Order Form. Available in markets permitted by applicable law and GrowthCode's then-current regulatory compliance posture.

2.3 White-Label Services

GrowthCode may provide white-labeled analytics and reporting services to Aggregators under applicable Order Forms. White-label services include branded delivery of GrowthCode Analytics, GrowthCode Data Insights, and GrowthCode Orchestrate under the Aggregator's brand and subdomain. White-label services are subject to the same warranty, IP ownership, and liability terms as other GrowthCode Services under these ToS. Fees and scope for white-label services are specified in the applicable Order Form.

2.4 Service Changes

GrowthCode may modify, upgrade, or discontinue any service or feature with 30 days' notice via email or the platform. GrowthCode will not make changes that materially degrade your existing subscription without reasonable advance notice. GrowthCode may reject Orders for pricing errors, fraud, or compliance reasons, with notice where feasible.

3. License and Use

3.1 Your License

GrowthCode grants you a non-exclusive, non-transferable license to access and use the Services and any data delivered to you under your Order Form, for your own internal marketing and advertising purposes during your subscription term. If you are an Aggregator, this license also covers your resale and delivery of those Services to your publisher clients as expressly permitted in your Order Form. This license is subject to your compliance with these ToS and applicable law.

3.1.1 Pre-Subscription Obligations

These ToS apply from the date you execute an Order Form. That includes the Deployment Phase and any Proof of Concept period described in your Order Form, both of which occur before your paid subscription term begins. All obligations in Sections 3.2 (Your Obligations), 3.3 (Identity Execution), 3.4 (Restrictions), and Section 4 (Data and Privacy) apply in full during the Deployment Phase and POC Period. Payment obligations, the liability cap in Section 10, and the subscription term in Section 6 apply only from the Go-Live Date specified in your Order Form. GrowthCode's fee-free provision of Services during the Deployment Phase and POC Period is conditional on your compliance with all non-payment obligations from the date of execution.

3.2 Your Obligations

As a Client, you must:

Ensure the accuracy of Client Data you provide to GrowthCode and indemnify GrowthCode for any claims arising from inaccurate Client Data.
Obtain all required consents from end users for data collection, processing, and tracking before using the Services, and maintain records of those consents.
Implement GrowthCode's required tracking technologies, including JavaScript snippets, pixel tags, and cookies, as specified in your Order Form.
Maintain a privacy policy on your properties that accurately discloses your data collection practices, references tracking technologies used, and includes a link to GrowthCode's consumer opt-out page at growthcode.io/do-not-sell-or-share-my-personal-information.
Notify GrowthCode of any material changes to identity-related technologies on your properties during the term. See Section 3.3 on identity execution.
Not provide Prohibited Data to GrowthCode. Prohibited Data includes health or medical data, financial account data, government-issued ID numbers, data relating to children under 13 (or under 16 where required by applicable law), precise geolocation data not required for the Services, and biometric data, unless covered by a separate written agreement.
If you are an Aggregator: impose obligations on each of your publisher clients that are equivalent to the obligations you bear under these ToS and the DPA, including consent, identity execution, and data accuracy obligations. You are liable to GrowthCode for your publisher clients' compliance failures as if those failures were your own.
Provide GrowthCode with a written compliance certification upon request, confirming your compliance with your consent obligations, identity execution obligations, and applicable privacy laws. GrowthCode may request this certification no more than once per calendar year. If you fail to provide a certification within 30 days of a written request, GrowthCode may suspend the Services until certification is received.

3.3 Identity Execution

GrowthCode's Services depend on clean identity signal data. To protect measurement integrity, the following rules apply during any deployment, proof of concept, pilot, testing period, and throughout your ongoing use of the Services:

You must not operate, enable, or permit any third-party universal ID modules, identity wrappers, or standalone identity scripts that perform substantially similar functions to the GrowthCode Universal ID Module, unless you have disclosed them in writing and received GrowthCode's advance written approval.
You must disclose all identity-related technologies in use on your properties before deployment begins.
You must promptly notify GrowthCode of any material changes to your identity stack during the term.

Undisclosed or unapproved identity execution may invalidate testing results, measurement, and uplift analysis. GrowthCode may pause or suspend affected Services until the issue is resolved. If you do not cure the issue within 15 days of written notice from GrowthCode, GrowthCode may terminate your Order Form and these ToS. GrowthCode is not liable for any performance shortfall, inaccurate measurement, or lost revenue attributable to undisclosed or unapproved identity execution on your properties.

3.4 Restrictions

You may not:

Reverse engineer, copy, decompile, or create derivative works of GrowthCode Services, software, or GrowthCode Data.
Use the Services for the benefit of any third party other than as expressly permitted (Aggregators may resell Standard Services and, where the Order Form permits it, Premium Services to their publisher clients).
Resell or sublicense Premium Services unless you are an Aggregator and the applicable Order Form expressly permits resale of those services to your publisher clients.
Remove or obscure any proprietary notices in the Services or delivered data.
Use automated systems such as scrapers or bots to access the Services, except via authorized APIs.

4. Data and Privacy

4.1 Data Ownership

You own Client Data and Premium Signals. GrowthCode owns GrowthCode Data, including the Identity Graph, GCIDs, universal IDs, and any anonymized or aggregated data derived from service usage. Nothing in these ToS limits GrowthCode's right to use, retain, license, or sell GrowthCode Data, including data derived from or incorporating Client Data, as set out in the DPA.

By using the Services, you grant GrowthCode a worldwide, non-exclusive, royalty-free, sublicensable license to use Client Data and Premium Signals to: (a) provide and improve the Services; (b) build, enrich, and maintain the Identity Graph and other GrowthCode Data products; (c) create derived data products; and (d) sell and license GrowthCode Data to third parties as disclosed in the DPA.

Once Client Data or Premium Signals are combined with GrowthCode’s own data, other clients' data, or third-party data, the resulting output is GrowthCode Data. Your ownership of Client Data and Premium Signals in their original form, as submitted to GrowthCode, is not affected by this section and remains your property exclusively.

This license and GrowthCode's rights in all combined and derived data products survive termination. Termination of your subscription does not affect GrowthCode's rights in the Identity Graph, audience segments, enriched data outputs, or any other combined or derived data product built in whole or in part from your data before termination.

4.2 Data Processing

How GrowthCode processes Personal Data is governed by the DPA, which is incorporated into your Order Form. The DPA controls in the event of any conflict with these ToS on data processing matters. Key points:

GrowthCode processes data as an independent data controller. GrowthCode is not your data processor or sub-processor.
GrowthCode sells and licenses data as that term is defined under the CCPA and CPRA. This is disclosed in the DPA. If this is inconsistent with your obligations to your end users, do not use the Services.
For Standard Services, GrowthCode may process data from jurisdictions subject to GDPR where applicable. Cross-border transfers use Standard Contractual Clauses or equivalent mechanisms as set out in the DPA.
For Premium Services, GrowthCode processes Personal Data in markets where each service is available as described in Section 2.2. GrowthCode applies the consent and transfer standards required by applicable law in each market.
GrowthCode will notify you of a confirmed security incident within 72 hours in accordance with the DPA.
Where your data has been combined with GrowthCode data or data from other sources to create a derived data product, GrowthCode's obligation upon a verified end-user deletion or opt-out request is suppression of that individual's identifiers from active processing and data selling. GrowthCode is not required to disaggregate combined or derived data products to isolate individual data points. This is consistent with GrowthCode's obligations under applicable privacy law and is described in the DPA.

4.3 Your Privacy Obligations

You are responsible for your own compliance with applicable privacy laws in connection with your use of the Services. This includes:

Obtaining valid consent from end users where required by applicable law before GrowthCode processes their data.
Honoring end-user opt-out requests and forwarding applicable data subject requests to GrowthCode within 5 business days as required by the DPA.
Ensuring you have legal authority to provide any Personal Data, including Premium Signals, to GrowthCode.

5. Payment

Fees are specified in your Order Form's Pricing Grid and are invoiced monthly, quarterly, or annually depending on your subscription. Payment is due within the timeframe specified in your Order Form.

Overdue payments accrue interest at 1.5% per month (18% annually) until paid. If payment is not received within 30 days of the due date, GrowthCode may suspend Services until your account is current. You are responsible for all collection costs including reasonable attorneys' fees.

GrowthCode will give you 30 days' advance written notice of fee increases. Overage charges apply as specified in your Order Form. GrowthCode charges applicable sales tax; you are responsible for any other taxes or duties.

6. Term and Termination

Subscriptions run for the term specified in your Order Form, typically one year, and auto-renew for successive one-year terms unless either party provides 30 days' written notice of non-renewal before the end of the then-current term.

Either party may terminate immediately if the other becomes insolvent, makes a general assignment for the benefit of creditors, or ceases operations.

GrowthCode may terminate or suspend your access for material breach of these ToS, with 30 days' written notice and an opportunity to cure, except for violations of Section 3.4 (Restrictions) or Section 4 (Data and Privacy), which may result in immediate suspension.

On termination:

Data handling on termination is governed by the DPA. GrowthCode's retention and deletion obligations for each category of data processed in connection with the Services are set out in Section 10 of the DPA. You may request a copy of your Client Data by contacting GrowthCode at privacy@growthcode.io prior to or within 30 days of the termination date.
Each party will return or destroy the other's Confidential Information within 15 business days of termination and certify compliance upon request. This obligation applies to confidential business information — including contracts, pricing, and communications — and does not govern Personal Data, which is handled exclusively under the DPA.
You must immediately stop using GrowthCode software. Licensed data delivered under your Order Form prior to termination may be retained per the terms of that Order Form.
GrowthCode's rights in the Identity Graph and GCID survive termination as set out in the DPA.

You remain liable for all fees through the end of the then-current term.

7. Intellectual Property

GrowthCode owns all rights in GrowthCode Services, software, the Identity Graph, GCIDs, GrowthCode Data, trademarks, and any anonymized or aggregated data derived from service usage. Nothing in these ToS transfers ownership of any GrowthCode intellectual property to you.

You own Client Data, input data, derivatives you create from licensed data, and Premium Signals. The license you grant GrowthCode to use Client Data and Premium Signals is described in Section 4.1. Termination of your subscription does not affect GrowthCode's rights in any combined or derived data product — including the Identity Graph, audience segments, and enriched data outputs — built in whole or in part from your data before termination.

8. Confidentiality

Each party will protect the other's Confidential Information with at least the same care it uses for its own confidential information, and not less than reasonable care. Confidential Information may only be used for the purposes of the Services and may not be disclosed to third parties except as required by law or with written consent.

Confidential Information includes Data, Client Data, business plans, pricing, technical data, and the terms of your Order Form. It does not include information that is publicly available, was known to the receiving party before disclosure, was received from a third party without confidentiality obligations, was independently developed, or was approved in writing for release.

9. Warranties and Disclaimer

9.1 Mutual Warranties

Each party represents and warrants that it:

Has full authority to enter into and perform its obligations under these ToS.
Will comply with all applicable laws in connection with its performance.
Will not introduce malware, spyware, or malicious code into the other party's systems or data.

9.2 Client Warranties

You further represent and warrant that you:

Have obtained all required consents and have legal authority to provide Client Data and Premium Signals to GrowthCode.
Will maintain a privacy policy that accurately discloses your data collection practices and complies with applicable law.
Will cooperate with GrowthCode on reasonable technical implementation requirements.

9.3 Disclaimer

EXCEPT AS EXPRESSLY SET OUT IN THESE TOS, GROWTHCODE PROVIDES THE SERVICES "AS IS" AND MAKES NO OTHER WARRANTIES, EXPRESS, IMPLIED, OR STATUTORY, INCLUDING ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. GROWTHCODE DOES NOT WARRANT THE ACCURACY, COMPLETENESS, CURRENTNESS, OR FITNESS FOR ANY PARTICULAR PURPOSE OF ANY DATA DELIVERED THROUGH THE SERVICES, INCLUDING IDENTITY RESOLUTION RATES, MATCH RATES, OR UPLIFT FIGURES. ACTUAL PERFORMANCE WILL VARY BASED ON YOUR IMPLEMENTATION, TRAFFIC QUALITY, CONSENT RATES, AND OTHER FACTORS OUTSIDE GROWTHCODE'S CONTROL.

10. Limitation of Liability

EXCEPT FOR OBLIGATIONS RELATED TO CONFIDENTIALITY, DATA SECURITY, INDEMNIFICATION, OR LIABILITY ARISING FROM GROSS NEGLIGENCE OR WILLFUL MISCONDUCT, NEITHER PARTY WILL BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES, INCLUDING LOST PROFITS, LOST DATA, OR LOST REVENUE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

EACH PARTY’S TOTAL LIABILITY FOR ANY CLAIM ARISING UNDER THESE TOS IS CAPPED AT THE GREATER OF (A) THE FEES PAID OR PAYABLE BY CLIENT TO GROWTHCODE IN THE TWELVE (12) MONTHS PRECEDING THE EVENT GIVING RISE TO THE CLAIM OR (B) FIVE THOUSAND DOLLARS ($5,000).

11. Indemnification

Each party will indemnify, defend, and hold harmless the other party and its affiliates, officers, directors, and employees from and against any third-party claims, damages, losses, and expenses, including reasonable attorneys' fees, arising from:

That party's breach of these ToS.
That party's gross negligence or willful misconduct.

GrowthCode will additionally indemnify you against third-party claims that the Services, as provided by GrowthCode and used in accordance with these ToS, infringe a third party's intellectual property rights, provided you promptly notify GrowthCode of the claim and cooperate in the defense. This indemnity does not apply where the claim arises from: (a) Client Data or Premium Signals; (b) your modification of the Services or delivered data; (c) your combination of the Services with products, data, or technologies not provided or approved by GrowthCode; or (d) your use of the Services in violation of these ToS or applicable law.

You will additionally indemnify GrowthCode against third-party claims arising from: your failure to obtain required end-user consents; your violation of applicable privacy laws; the inaccuracy of Client Data you provide; your failure to impose equivalent obligations on your publisher clients as required by Section 3.2; or any undisclosed or unapproved identity execution on your properties.

12. Injunctive Relief

Unauthorized use of GrowthCode Data, Client Data, or GrowthCode software may cause irreparable harm for which monetary damages are inadequate. GrowthCode may seek injunctive or other equitable relief without posting bond, in addition to any other available remedies.

13. Governing Law and Disputes

These ToS are governed by the laws of the State of New York, without regard to conflict of law principles.

Any dispute arising out of or relating to these ToS or the Services will be resolved by binding arbitration in New York, New York, under the rules of the American Arbitration Association. Each party waives its right to a jury trial. US Clients waive the right to bring or participate in any class action. Claims must be filed within one year of the date the claiming party knew or should have known of the basis for the claim.

Nothing in this section limits GrowthCode's right to seek injunctive or equitable relief in any court of competent jurisdiction.

14. General

These ToS, together with the applicable Order Form and DPA, constitute the entire agreement between GrowthCode and Client regarding the Services and supersede all prior agreements and understandings on the same subject matter.

If any provision of these ToS is held invalid or unenforceable, the remaining provisions continue in full force. GrowthCode's failure to enforce any provision is not a waiver of its right to do so later.

GrowthCode may assign its rights and obligations under these ToS with 30 days' written notice. You may not assign your rights without GrowthCode's prior written consent.

Notices under these ToS must be in writing and delivered to the addresses specified in the Order Form. Email notice is sufficient for routine operational communications.

Neither party is liable for delays or failures caused by circumstances outside its reasonable control, including natural disasters, government actions, or infrastructure failures, provided the affected party notifies the other promptly and uses reasonable efforts to resume performance.

15. Survival

The following sections survive termination of these ToS: Section 4 (Data and Privacy), Section 7 (Intellectual Property), Section 8 (Confidentiality), Section 10 (Limitation of Liability), Section 11 (Indemnification), Section 12 (Injunctive Relief), and Section 13 (Governing Law and Disputes).

GrowthCode Platform Terms of Service

Last updated: March 15, 2026 | Version 6.0