PLEASE READ THESE CUSTOMER TERMS OF SERVICE CAREFULLY.
Our Customer Terms of Service governs your use of Growlink Pro's software services. It includes the following documents:
General Terms: Core legal and commercial terms for using our products and services.
Acceptable Use Policy (AUP): Outlines what you can and cannot do while using our services.
By using Growlink Pro, you agree to these terms. We update these terms periodically and will notify you of changes through in-app notifications or email if you have an active subscription.
General TermsDefinitions
Key terms include:
"Subscription Service": The web-based applications, tools, and platforms provided by Growlink Pro.
"Customer Data": All information submitted or collected via the Subscription Service.
"Consulting Services": Professional services provided, which may include training, integration, or other consulting services.
"Order Form": The Growlink-approved form outlining the subscription details, products, services purchased, and fees.
"Subscription Term": The duration of your subscription as specified in your Order Form.
"Users": Your employees, contractors, or agents authorized to use the Subscription Service.
2. Use of Services
2.1 Access: During the Subscription Term, we grant your Users access to use the Subscription Service as described in this Agreement and your Order Form. Access and usage must comply with these terms and the Acceptable Use Policy.
2.2 Additional Features: You may subscribe to additional features or upgrade your subscription by placing an additional Order or activating the features from within your Growlink Pro account.
2.3 Availability and Uptime: We strive to ensure the availability of the Subscription Service. Details of our Service Uptime Commitment can be found in the Product-Specific Terms.
2.4 Limits: Your usage limits, such as storage or number of users, will be specified in your Order Form and this Agreement. Free plans may have additional limitations.
2.5 Modifications: We may modify the Subscription Service, including adding or removing features, to enhance the user experience. We will provide notice of any substantial changes.
2.6 Customer Support: Information regarding the customer support terms for your subscription is detailed in the Product-Specific Terms.
2.7 Acceptable Use: You agree to comply with our Acceptable Use Policy, which outlines acceptable and prohibited behaviors when using the Subscription Service.
2.8 Prohibited Use: You will not use the Subscription Service in a way that violates these terms, including reverse engineering, decompiling, or attempting to discover source code. Misuse may lead to suspension or termination of your account.
3. Fees
3.1 Subscription Fees: Fees for your subscription are fixed during the Subscription Term unless you exceed usage limits, upgrade products, or add additional features. All fees are specified in your Order Form.
3.2 Fee Adjustments at Renewal: We may adjust fees upon renewal of your subscription. We will notify you of any fee changes at least 30 days before your renewal date.
3.3 Payment of Fees: You authorize us to charge your provided payment method for all fees due during the Subscription Term. Failure to make timely payments may result in suspension of access to the Subscription Service.
3.4 Taxes: All fees are exclusive of taxes. You agree to pay any applicable taxes related to your use of the Subscription Service.
4. Term & Termination
4.1 Term and Renewal: Your subscription's Initial Term will be specified in your Order Form. Unless otherwise stated, subscriptions automatically renew for the same duration as the prior term.
4.2 Notice of Non-Renewal: Either party may choose not to renew the subscription by providing written notice prior to the renewal date, as specified in the Product-Specific Terms.
4.3 Early Cancellation: You may cancel your subscription early; however, fees are non-refundable, and you are responsible for all unpaid fees through the end of your Subscription Term.
4.4 Termination for Cause: Either party may terminate this Agreement for material breach if such breach is not cured within 30 days of notice. We may also terminate if you act in a way that may harm our reputation or business.
4.5 Effect of Termination: Upon termination or expiration, you will stop using the Subscription Service. If terminated for cause, we will promptly refund any prepaid but unused fees. Otherwise, fees are non-refundable.
5. Customer Data
5.1 Ownership: You retain all rights to the Customer Data you provide. You grant us permission to use the data as necessary to provide the Subscription Service.
5.2 Data Practices: We collect and use data in accordance with our Privacy Policy and Data Processing Agreement.
5.3 Data Protection: We will implement appropriate safeguards to protect your data, as detailed in the Data Processing Agreement.
5.4 Retention and Deletion: Upon termination, you may retrieve your data within a specified period. After this period, we may delete your data.
6. Intellectual Property
This Agreement grants you access to the Subscription Service but does not convey any ownership rights. All intellectual property rights to the Subscription Service, Growlink Pro content, and related materials remain with us.
7. Confidentiality
Each party agrees to protect the other’s Confidential Information and use it only for purposes consistent with this Agreement.
8. Publicity
You grant us the right to use your name and logo in our customer list and marketing materials unless you opt out by notifying us.
9. Indemnification
You agree to indemnify us against any third-party claims arising from your misuse of the Subscription Service, breach of this Agreement, or violation of any law.
10. Disclaimers and Liability
10.1 Performance Warranty: We will provide the Subscription Service in a manner consistent with industry standards. If you identify a non-conformance, we will use commercially reasonable efforts to remedy it.
10.2 Limitation of Liability: Except for your payment obligations and indemnification, each party’s liability is limited to the amount paid for the Subscription Service in the 12 months preceding the claim.
11. Miscellaneous
11.1 Amendment: We may modify these terms by posting the revised version. Changes become effective upon posting.
11.2 Force Majeure: Neither party is liable for failure or delay due to circumstances beyond their control, such as natural disasters or acts of war.
11.3 Notices: Notices to Growlink should be sent to info@growlink.com. Notices to you will be sent to the contact information provided in your account.
11.4 Entire Agreement: This Agreement, along with any Order Forms and the Privacy Policy, constitutes the entire agreement between us.
Appendices
Acceptable Use Policy (AUP)
