Last Updated: March 30, 2026
These General Terms of Service (the “Agreement”) govern Customer’s access to and use of the products, services, software, hardware, websites, and related offerings provided by Growlink, Inc. (“Growlink”). By executing an Order Form, accessing, or otherwise using any Growlink Service, Customer agrees to be legally bound by this Agreement.
Capitalized terms not otherwise defined herein shall have the meanings set forth in the applicable Order Form, Appendix, or as otherwise provided in this Agreement.
Subject to the terms of this Agreement and the applicable Order Form, Customer and its authorized users are granted a limited, non-exclusive, non-transferable right to access and use the subscribed Growlink Services during the applicable Subscription Term. Customer represents and warrants that all authorized users are at least eighteen (18) years of age.
Growlink may offer optional product enhancements, integrations, or service features (“Add-Ons”) for an additional fee. All Add-Ons are governed by this Agreement unless otherwise stated in writing.
Growlink reserves the right to update, improve, or modify its Services from time to time. Such changes will not materially reduce the core functionality of the paid Services during the applicable Subscription Term, except as required by law or with respect to beta, preview, or free services.
Support services, if applicable, will be provided in accordance with the applicable Order Form, support plan, or documentation published by Growlink.
Customer shall use the Services in compliance with all applicable laws and Growlink’s Acceptable Use Policy, which is incorporated herein by reference.
Fees are specified in the applicable Order Form. Customer is responsible for all overages or usage in excess of applicable plan limits, including but not limited to additional users, devices, sensors, data usage, SMS usage, or other metered service components.
Unless otherwise stated in the applicable Order Form, subscriptions will renew automatically for successive renewal terms of equal or lesser length. Growlink may adjust fees at renewal upon no fewer than sixty (60) days’ prior written notice.
All fees are due in advance unless otherwise stated in the applicable Order Form. Fees are non-refundable except as expressly provided in this Agreement. Customer shall maintain valid and current billing information. Growlink may suspend access to the Services for non-payment.
The initial subscription term shall be as stated in the applicable Order Form. Unless terminated in accordance with this Agreement, the subscription will automatically renew.
Customer may terminate a subscription by disabling auto-renew or providing notice in accordance with Growlink’s then-current cancellation procedures. Early termination does not entitle Customer to any refund unless otherwise expressly agreed in writing.
Either party may terminate this Agreement upon thirty (30) days’ written notice of a material breach if such breach remains uncured at the expiration of that notice period.
Growlink may suspend access to the Services upon notice if Customer violates this Agreement, creates a security or legal risk, or fails to timely pay amounts due.
Customer retains all right, title, and interest in and to Customer Data. Growlink will use Customer Data only as necessary to provide, maintain, support, and improve the Services, and as otherwise permitted by this Agreement, the Privacy Policy, or applicable law.
Growlink will implement and maintain reasonable administrative, technical, and physical safeguards designed to protect Customer Data in accordance with its Privacy Policy and any applicable Data Processing Addendum.
Customer agrees that Growlink may send operational communications necessary to provide the Services, including by email, in-app notification, or SMS where a phone number has been provided and applicable consent has been obtained. Operational communications may include account notices, onboarding updates, support messages, service notifications, and system alerts.
Customer or its users may separately opt in to receive marketing or promotional communications from Growlink. Marketing communications are optional and may be opted out of at any time in accordance with the instructions provided in the message or applicable settings.
If Customer or an authorized user opts in to receive SMS messages from Growlink, such person agrees to receive messages related to account activity, system alerts, support interactions, and, where separately consented to, marketing communications. Message frequency may vary. Message and data rates may apply. Consent to receive SMS messages is not a condition of purchase. Recipients may opt out by replying STOP and may request assistance by replying HELP.
Growlink retains all right, title, and interest in and to the Services, including all software, hardware designs, firmware, data models, algorithms, documentation, technology, content, and any improvements or derivative works thereof. No rights are granted to Customer except as expressly set forth in this Agreement.
Customer shall not, and shall not permit any third party to:
Customer may not access or use the Services for the purpose of benchmarking, competitive analysis, or developing, improving, or training any competing product or service.
Integrations with Growlink Services are permitted only through publicly documented APIs and interfaces expressly provided by Growlink. Any attempt to access or integrate with the Services through undocumented or unauthorized methods is strictly prohibited.
Customer shall not modify, tamper with, disassemble, or attempt to extract firmware, software, or proprietary components from any Growlink hardware, except as expressly authorized in writing by Growlink.
Customer may not use any data obtained from the Services to train, develop, or improve any machine learning or artificial intelligence models, except as expressly permitted by Growlink.
Growlink reserves the right to suspend or terminate access to the Services immediately, without notice, if it reasonably believes Customer has violated this Section.
Customer acknowledges that a breach of this Section may cause irreparable harm to Growlink for which monetary damages may be insufficient, and Growlink shall be entitled to seek injunctive or equitable relief without the requirement to post bond.
Each party agrees to maintain the confidentiality of the other party’s Confidential Information and to use such information solely as necessary to perform its obligations or exercise its rights under this Agreement.
Customer grants Growlink the right to use Customer’s name and logo in Growlink’s customer lists, website, and marketing materials unless Customer provides written notice opting out.
Customer shall indemnify, defend, and hold harmless Growlink and its officers, directors, employees, and affiliates from and against any third-party claims, damages, liabilities, costs, and expenses arising from Customer’s misuse of the Services, Customer Data, violation of applicable law, or breach of this Agreement.
Except as expressly provided in this Agreement, the Services are provided “as is” and “as available.” Growlink disclaims all warranties, whether express, implied, statutory, or otherwise, including implied warranties of merchantability, fitness for a particular purpose, title, and non-infringement. Growlink does not warrant uninterrupted or error-free operation or that use of the Services will produce any specific agricultural, operational, or financial outcome.
To the maximum extent permitted by law, neither party shall be liable to the other for any indirect, incidental, special, consequential, exemplary, or punitive damages, including loss of profits, revenue, crops, business opportunity, goodwill, or data, even if advised of the possibility of such damages.
To the maximum extent permitted by law, Growlink’s aggregate liability arising out of or related to this Agreement shall not exceed the total fees paid by Customer to Growlink during the twelve (12) months preceding the event giving rise to the claim.
This Agreement shall be governed by and construed in accordance with the laws of the State of Colorado, without regard to its conflict of laws principles, unless otherwise stated in an applicable Order Form.
Growlink may revise these Terms from time to time. Notice of material changes may be provided by email, website notice, or in-app notice. Continued use of the Services after the effective date of updated Terms constitutes acceptance of the updated Terms.
Neither party shall be liable for any failure or delay in performance caused by circumstances beyond its reasonable control.
This Agreement, together with any applicable Order Forms, appendices, policies, and incorporated documents, constitutes the entire agreement between the parties regarding the subject matter herein.
Customer may not assign or transfer this Agreement without Growlink’s prior written consent, except in connection with a merger, acquisition, or sale of substantially all of its assets.
Sections relating to fees, confidentiality, intellectual property, customer data, communications, indemnification, disclaimers, limitation of liability, and any other provisions that by their nature should survive, shall survive expiration or termination of this Agreement.