Effective from: May 1, 2023
Terms of Service
Welcome to Growbots!
We’re happy to see you here and ready to explain the terms that govern your use and on which we, Growbots Inc., provide our Services. As these terms of service may, from time to time, be amended (initial and each subsequent version, “Terms”) you (or the User) will find comprehensive information about the rules governing (i) our business relationship, (ii) the use of our Website, and App, including your rights and obligations, and (iii) the scope and limitations of the services we provide via our Website (as defined later in these Terms) and App (collectively, “Services”). These Terms constitute a contract between you and us for the Services. Unless we agree otherwise in writing, your contract with us always includes the Terms.
Should you have any questions, please contact us at firstname.lastname@example.org.
Table of Contents
1. OUR AGREEMENT
- You are solely responsible for compliance with local laws that may apply to your actions while you are using our Services. We do not intend to distribute or allow use of our Services in jurisdictions where it is contrary to applicable laws, including data privacy laws. Users are solely responsible for compliance with local laws.
- Our Services are tailored and offered exclusively to businesses and are intended for business use only. If you are a natural person acting outside your trade, business, craft or profession, or a person under legal age, you cannot use our Services. If you are accepting these Terms on behalf of a company or other legal entity, it is understood that you have the authority to bind such entity to these Terms, in which case the term ‘you’ will refer directly to such entity. If you do not have such authority you must not access or use the Services.
2. YOUR ACCOUNT @ GROWBOTS
- You need to register to be able to use the functionalities of our App. In order to register you need to provide your full legal name, valid email address, and further information requested in the registration form during sign-up. Once you have registered with us, you are solely responsible for maintaining the security of your account (including securing your login and password) and for all activities taking place within or in connection with your account. You must also immediately notify us of any unauthorized access to or use of your account.
- By registering for and maintaining an account with us, you agree and affirm that:
- All information you provide is accurate, current, complete, and truthful, and you commit to maintaining its accuracy at all times.
- You will use our Services in compliance with all applicable laws, including those governing data privacy and unsolicited commercial communications, and you accept sole responsibility for any legal ramifications.
- You will not engage in any illegal or unauthorized activities through your account or while using our Services.
- You are prohibited from accessing our Services using automated or non-human methods, such as bots, scripts, or any data scraping software.
- You have not been previously suspended or removed from our Services, nor have you participated in activities that could result in suspension or removal from our Services.
- You are allowed only one account with us (one account per entity).
- You acknowledge that entering into and fulfilling a contract based on these Terms will not infringe upon any other agreements to which you are a party.
- If you default on any of the above commitments or any other rules under these Terms, we have the right to suspend or terminate your account and refuse any current or future use of the Services.
3. SECURITY OF YOUR DATA
- Please note that whenever the Website or the App contains links to external sites or other resources, such links are provided for your convenience only. Your use of external contents is at your risk and we assume no responsibility or liability for them.
4. SUBSCRIPTION PLANS AND ADD-ONS
- Our paid Services are based on monthly subscription plans with varied pricing based on features and functionalities such as (but not limited to) the number of email accounts you can connect with the App, integrations with third-party services and storage limits. The current pricing of subscription plans and their terms are posted at http://growbots.com/pricing (“Pricing”). You must review and agree to the terms of the chosen subscription plan at the time of subscription and at the time of any subsequent subscription modifications.
- In addition to the subscription plan of your choice, you may subscribe to our add-on offers or special services presented at the Pricing page at the time of subscription. Add-on offers may include premium support, increasing monthly new contacts limits, contacting additional email accounts or other features.
- Terms and pricing of subscription plans and add-ons offers may be withdrawn or modified from time to time and at any time depending on our sole discretion without prior notice. In this case your subscription may not be renewed automatically on the same terms. New subscription plans or Pricing changes will not affect pending subscriptions of plans and add-ons throughout their respective subscription terms until the end of the current billing cycle (monthly, quarterly, annual or special terms). We may also offer promo codes and other discounts on separate terms and conditions depending on our sole discretion and granting such to any third parties does not entitle you to lower the pricing of your current subscription.
- We may change prices at any time and we may also, in the future, offer new services and/or features through the Services which may include releases of new resources, tools and functionalities – all of which will be subject to these Terms and which may be subject to additional pricing. We reserve the right to correct any errors or mistakes in Pricing, even if we have already requested or received your payment. We also reserve the right to refuse any subscription plan order placed through our Website.
5. FREE TRIAL
- We offer a 14-day free trial to new users who register with us. You do not have to purchase a subscription plan after the free trial. Use of the Services during the free trial may be limited as it is intended solely for the evaluation of the features of the Services.
- There is no need for you to provide us payment (card) details during the free trial and no fees will be charged to your account. Once the free trial period expires, we will suspend your access to the Services until you upgrade to a paid version.
- The restrictions of the free trial are determined solely at our discretion and may be modified at any time.
- The free trial is provided once and is not provided upon subsequent registration. Therefore you must not use multiple e-mail addresses or otherwise create more than one account for yourself or your entity to receive the free trial contrary to our intent.
- These Terms apply when you use the Services not only under a paid subscription but under a free trial as well.
- Our Services are not free and you are required to pay all fees to access and use them, except for the free trial or certain features we make accessible via our Website and which are clearly marked as such, If you choose to sign up for any Services that carry a fee (the paid Services) you will be charged the then current fees for such Services. Our current fees for the Services can be found here. All fees paid to us are non-refundable.
- We accept payments by all reputed credit cards, debit cards and recommend that you pay with corporate ones. All payments are charged in U.S. dollars.
- By using our Services, you acknowledge and agree: (i) that our fees are based on Services purchase rather than actual usage; (ii) that our fees cannot be canceled once charged and all fees paid are non-refundable; (iii) and that all payments to subscription services must be paid in full, in advance, and in accordance with the terms of the subscription plans and add-ons offers of your choice.
- When you start a subscription plan of your choice and provide or designate a method of payment, you authorize us to charge your card with fees for the subscription plan you have subscribed to. All fees are payable in advance at intervals consistent with your Pricing plan. You agree to provide us with current, complete, and accurate purchase and account information for all purchases made with Growbots and to promptly update account and payment information, including email address, payment method, and payment card expiration date, so that we can complete your transactions and contact you if needed.
- If your subscription plan includes a recurring fee, then you agree to charging your payment method on a recurring basis without requiring your prior approval for each recurring charge. This means that, unless you timely cancel your subscription and if your subscription plan allows you to do so, before it renews, you will be automatically charged with the scheduled payments and also at any time when any relevant subsequent cycle of your subscription commences. Similarly, you may also be charged with other fees in connection with your use of the Services that are not covered by your subscription plan but are specified in our Pricing. No refund, transfer or proration of previous payments shall be made. By using our Services, you agree to our use of third-party service providers to process your payments upon their respective terms.
- If payment by card is declined or is untimely for any reason, we will charge you with all reasonable surcharges, including administrative fees, processing fees and fines that your card provider might charge us for this payment. In addition, if your payment is overdue, we reserve the right to suspend rendering Services, your account and restrict access thereto and if the payment is overdue 14 or more days, we reserve the right to terminate our Agreement and delete your account without further notice.
- When you subscribe to our Services, you will provide us with a valid payment method, such as a valid credit card (including proper billing information), and, if applicable, authorize us to collect from your payment method. Any authorization will remain valid until thirty (30) days after you terminate our authority to charge your payment method. Upon termination, we will charge you any fees and any other outstanding charges and disconnect your Service. You agree to advise and notify us of any changes to your payment method, such as credit card account number or expiration date changes. If the credit card or other payment method on
- By using our Services, you acknowledge and agree that our fees do not include any taxes, levies, duties or similar governmental assessments of any nature, including, for example, value-added, sales, use or withholding taxes (collectively, “Taxes”). You are solely responsible for paying all Taxes associated with your use of our Services. If you are exempt from certain Taxes, you are obliged to provide us with valid Tax exemption documentation, otherwise we will not apply the exemption.
7. RENEWAL AND CANCELLATION OF SUBSCRIPTION
- The terms of each subscription plan are specified in our Pricing. The subscription plan will automatically renew, subject to these Terms, for additional periods equal to the expiring subscription term unless you or we cancel the subscription.
- You can cancel your subscription in accordance with the terms of your subscription planning your account settings or special terms that apply to your subscription and we have explicitly agreed to in writing. If applicable, your cancellation will take effect at the end of the current billing period. Please note that our non-refund policy applies, and any previous payments made are not subject to a refund under any circumstances.
- Please note that all Services will be suspended and/or terminated after the effective termination of your subscription; that may involve stopping your email campaigns and other actions planned within our App.
- We may, but are not obliged, to store your account data and its settings for the period of at least 90 days after the effective date of termination or expiration of your subscription plan under these Terms – for the purpose of restoring your account in the future and our business development.
- At your explicit request made within 30 days after the effective date of termination or expiration of your subscription plan under these Terms, we will make the data associated with your account available to you for export or download. We have no obligation to maintain or provide any of your data to you 30 days after the termination or expiration of your subscription plan but you authorize us to continue to use your data in aggregate form.
- Your obligations under these Terms which have not been fully discharged and provisions concerning intellectual property rights, disclaimers, limitations of liability, indemnification, data retention and portability, dispute resolution, governing law and jurisdiction and the like will survive cancellation of subscription or even effective termination of our agreement.
8. SPECIAL TERMS AND OTHER SERVICES
- In addition to the general Terms of Service and subscription plans, special terms may apply to specific services offered by Growbots, such as the concierge package or other tailored offerings under particular purchase orders that we have explicitly agreed with you on in writing. If special terms are applicable, they will be provided to you in writing and must be explicitly agreed upon by both parties. These special terms may address additional conditions or requirements for providing the Services and may partially amend the general Terms of Service, but only to the extent explicitly signed and authorized on behalf of Growbots. In case of any conflict between the general Terms of Service and the special terms, the provisions of the special terms shall prevail.
- We may introduce and make available certain additional features, new products and services on our Website, via the App or other dedicated websites that will be covered by these Terms by reference, unless expressly stated otherwise in particular terms and conditions which may govern the usage of such. These features, products and services are not included in pending subscription plans (unless otherwise explicitly confirmed by us) and will be made available under a separate service.
9. THIRD-PARTY APPLICATIONS
- Our Services may be compatible or considered useful in connection with third-party applications or services. Any use by you of such other third-party applications or services and any exchange of data between you and any other provider are solely between you and such other provider.
- We do not endorse or support third-party applications or other services, whether or not they are designated as “certified” or otherwise.
- Our Services may contain features designed to interoperate with third-party applications (such as Google OAuth and salesforce.com). To use such features, you may be required to obtain access to third-party applications from their providers (subject to their terms and conditions – including pricing plans), and may be required to grant us access to your account(s) on other applications/platforms. If the provider of the other applications/platforms ceases to make such applications available for interoperation with the corresponding Service features on terms that are reasonable to our discretion, we may cease providing those Service features without entitling you to any refund, credit, or other compensation.
- We also reserve the right to modify or discontinue, at any time, temporarily or permanently, your access to integrations with third-party applications. To the extent required by applicable law, any such modification or discontinuance will be effective upon notice provided to you.
10. INTELLECTUAL PROPERTY RIGHTS
- These Terms do not assign or transfer, or purport to assign or transfer to you any intellectual property. All right, title and interest in and to such property will remain solely with us or respective third parties. Unless explicitly stated otherwise, we claim no ownership, responsibility or or intellectual property over any of the content or materials you provide to us via our Services or otherwise.
- Unless otherwise explicitly agreed in writing by us, the Website and the App, as well as software, code, database, lists and all content and other materials contained in them, including, without limitation, the Growbots logo, trademarks, trade names, service marks, slogans and all designs, text, graphics, pictures, information, data and contacts, sets of data and contacts, other files and their selection and arrangement (collectively, “Content”) are the property of Growbots or our licensors, as applicable, and are protected by U.S. and international copyright laws. No rights in the Content are granted to you other than those expressly set forth in these Terms.
- Subject to your compliance with these Terms, we grant you a limited, non-exclusive, non-transferable, non-sublicensable license to access and use the Services in connection with your marketing campaigns. However, such license is subject to these Terms and does not include any right to:
- sell, resell, license, sublicense, distribute, rent or lease the Services and the Content;
- use the Services and the Content for commercial purposes unrelated to your marketing campaigns;
- distribute, publicly perform or publicly display any Content;
- modify or otherwise make any derivative uses of the Services or Content, or any portion thereof;
- use any data mining, robots or similar data gathering or extraction methods;
- download (other than the page caching) any portion of the Services or Content, except as expressly permitted by us; and
- use the Services or Content other than for their intended purposes, which shall be limited to use in furtherance of the Services.
- Any use of the Services or Content outside these Terms, without our prior written permission, is strictly prohibited and gives us the right to terminate the license and/or the agreement, with or without further notice. Such unauthorized use may also violate applicable laws, including, without limitation, copyright and trademark laws and applicable communications regulations and statutes. Unless explicitly stated by us, nothing in these Terms may be understood to mean that we grant you any right or license to any patent, trademark, copyright or other proprietary rights of Growbots or any third party, whether by estoppel, implication or otherwise.
11. PERMITTED USE AND PROHIBITED ACTIVITIES
- By using our Services, you acknowledge and agree that your usage is subject to adherence to documentation such as subscription plans, service descriptions, pricing (including any special terms), and user guides available on our Website and App, which may be amended or updated periodically.
- Furthermore, you agree and confirm that you shall not engage in any prohibited activities by and while using our Services, Website, or App:
- You will not use our Services, Website, or App for any illegal purposes.
- You will not violate our rights or the rights of third parties, including property, intellectual property, and privacy rights.
- You will not use our Services, Website, or App in contravention of these Terms or any referenced documents.
- You will not breach any contractual or legal obligations, including applicable marketing communication and personal data protection laws.
- You will not engage in any illegal, libelous, or tortious acts using our Services, Website, or App.
- You will not stalk or harass any person in relation to using our Services.
- You will not misrepresent your identity or affiliations while using our Services.
- You will not introduce malicious code that may compromise the functionality of any computer software, hardware, or telecommunications equipment.
- You will not interfere with our Website, App, or Services or hinder others from using or enjoying them.
- You will not copy any part of our Services, Website, or App, including features, functions, or user interfaces.
- You will not reverse engineer or attempt to reconstruct any of our Services or functionalities.
- You will not harvest or collect data, information, or content from our Website or App using manual or automated methods, nor distribute or misuse any obtained content.
- You will not permit any access to our Services that attempts to circumvent usage limits.
- You will not access our Services to create a competitive product or service.
- You will not frame or mirror any part of our Service, except for your internal business purposes.
- You will not participate in activities that may cause harm, loss, or damage to us or third parties.
- You have not and will not accept any illegal or improper bribes, kickbacks, payments, gifts, or items of value from our employees or agents in connection with these Terms and our Agreement.
- Lastly, you agree to promptly notify us of any illegal, suspicious, or fraudulent activities; security or data breaches; violations of these Terms; discovered misrepresentations, errors, or inaccuracies; or illegal or improper bribes, kickbacks, payments, or items of value received from our employees or agents in connection with these Terms.
12. MONITORING OF USAGE OF SERVICES
- We reserve the right, but not the obligation, to monitor the Website and the App’s usage for violations of these Terms and take appropriate contractual or legal actions against anyone who, in our sole discretion, violates the law or these Terms including without limitation, reporting such user to law enforcement authorities.
- We also reserve in our sole discretion and without limitation, a right to refuse, restrict access to, limit the availability of, or disable (to the extent technologically feasible) any of your account’s functionalities, and without limitation, notice, or liability, to remove from our systems all files and contents that are abusive, excessive in size or are in any way burdensome to our systems or are breaching these Terms; and to otherwise manage the Website.
- Without limiting any other provisions of these Terms, we reserve the right to, in our sole discretion and without notice or liability, deny access to and use of the site (including blocking certain IP addresses), to any person for any reason or without providing a reason, including without limitation for breach of any representation, warranty, or covenant contained in these Terms or of any applicable law or regulation and to terminate the agreement we have with you and delete your account in those cases, under our sole discretion.
- If we terminate or suspend your account for any reason, you are prohibited from registering and creating a new account under your name, a fake or borrowed name, or the name of any third party, even if you may be acting on behalf of the third party. In addition to terminating or suspending your account, we reserve the right to take appropriate legal action, including without limitation pursuing civil, criminal, and injunctive redress.
- We provide our Services solely on an as-is and as-available basis under there Terms and you agree that your use of the site and our services will be at your sole risk, with all faults and, without representations and warranties of any kind, whether express, implied, statutory or otherwise. In particular, we shall have no liability with respect to any communications created, stored or transmitted via our Services. We also do not make any representations or warranties regarding the accuracy of our database or lists nor, without limitation, (1) any and all warranties of merchantability, fitness for a particular purpose, quiet enjoyment, title, non infringement, and any and all warranties arising from course of dealing and usage of trade, as to the Website, the App, their content and materials and services; (2) that the Website, content, materials, and Services, will meet your requirements, are interoperable, will always be accurate, reliable, available, accessible, uninterrupted, timely, secure or operate without error; (3) with respect to the results that may be obtained from the operation, use or other exploitation of the Website, content, materials, services, and listings; (4) personal injury or property damage, of any nature whatsoever, resulting from your access to and use of the site, (5) any unauthorized access to or use of our secure servers and/or any and all personal information and/or financial information stored therein, (6) any interruption or cessation of transmission to or from the site, (7) any bugs, viruses, trojan horses, or the like which may be transmitted to or through the Website or the App by any third party, and/or (8) any errors or omissions in any content and materials or for any loss or damage of any kind incurred as a result of the use of any content posted, transmitted, or otherwise made available via the Services.
- We do not warrant, endorse, guarantee, or assume responsibility for any product or service advertised or offered by a third party through the site, any hyperlinked website, or any website or mobile application featured in any banner or other advertising, and we will not be a party to or in any way be responsible for monitoring any transaction between you and any third-party providers of products or services. As with the purchase of a product or service through any medium or in any environment, you should use your best judgment and exercise caution where appropriate.
- You agree to defend, indemnify, and hold us harmless, including our subsidiaries, affiliates, and all of our respective officers, agents, partners, contractors and employees, representatives, predecessors, successors and assigns (individually and collectively ‘Growbots Parties’) from and against any loss, damage, liability, claim, or demand, including reasonable attorneys’ fees and expenses, made by any third party due to or arising out of your use and disclosure of any data generated from our Services (including any leads or lead data), or your use of our Services, Website and/or App, breach of these Terms or representations and warranties you make by accepting these Terms, your violation of the rights of a third party, including but not limited to intellectual property rights, except to the extent such indemnification is required by law. You will indemnify, defend and hold Growbots Parties harmless from any claim damages, awards, judgments, losses, liabilities, obligations, penalties, interest, fees, expenses (including, without limitation, attorneys’ fees and expenses) and costs (including, without limitation, court costs, costs of settlement and costs of pursuing indemnification and insurance), of every kind and nature whatsoever in connection to a claim against us, whether known or unknown, foreseen or unforeseen, matured or unmatured, or suspected or unsuspected, in law or equity. Notwithstanding the foregoing, we reserve the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify us, and you agree to cooperate, at your expense, with our defense of such claims. We will use reasonable efforts to notify you of any such claim, action, or proceeding which is subject to this indemnification upon becoming aware of it.
15. LIMITATION OF LIABILITY
- Under no circumstances will you be entitled to hold Growbots Parties (as defined above) any incidental, exemplary, consequential, indirect, punitive or special damages (including without limitation damages for loss of business, loss of profits, loss of use or emotional distress), whether based on warranty, contract, tort (including negligence), product liability or any other legal theory, and whether or not we have been informed of the possibility of such damage, for any harm or damage caused by, arising from, or relating to the use of the website, app, their contents, or our services, even if a limited remedy set forth herein is found to have failed of its essential purpose. Some jurisdictions do not allow the exclusion or limitation of liability for consequential or incidental damages, so the above limitation may not apply to you.
- In no event will our total liability to you from a single incident exceed the amounts of payments we received from you in the 12 months preceding the incident. In no event will our total aggregate liability to you exceed the total amount of payments we receive from you. Your exclusive remedies in the event that we breached any of our warranties to you herein, are (1) termination of the agreement and refund of payment upon termination.
- Although we perform regular routine backups of data, you are solely responsible for all data that you transmit or that relates to any activity you have undertaken using the Services. You agree that we shall have no liability to you for any loss or corruption of any such data, and you hereby waive any right of action against us arising from any such loss or corruption of such data.
- GOVERNING LAW. These Terms of Service and your use of the App are governed by and construed in accordance with the laws of the State of Delaware applicable to agreements made and to be entirely performed within the State of Delaware, without regard to its conflict of law principles.
- DISPUTE RESOLUTION. To expedite resolution and control the cost of any dispute, controversy, or claim related to these Terms of Service (each “Dispute” and collectively, the “Disputes”) brought by either you or us (individually, a “Party” and collectively, the “Parties”), the Parties agree to first attempt to negotiate any Dispute (except those Disputes expressly provided below) informally for at least thirty (30) days before initiating court proceedings. Such informal negotiations commence upon written notice from one Party to the other Party.
- CHANGES TO THESE TERMS. These Terms can be modified from time to time. We will notify you of such modifications at the very least by posting their modified version on the Website – the latest posted version will be applicable to the provision of the Services. Such modifications will not affect pending subscriptions of plans and add-ons throughout their respective subscription terms until the end of your current billing cycles (monthly, quarterly, annual or special terms). Please note that unless we explicitly introduce material changes to these Terms that shall be effective prior to the end of your current billing cycles that will adversely affects your rights under our agreement, you will have the right to terminate your subscription within a certain timeframe, such as 30 days from the effective date of the change. But otherwise any change to the Terms will only apply to new subscription periods or agreements with us and therefore – will not be a cause of termination without notice.
- NOTICES. Visiting the Site, sending us emails, and completing online forms constitute electronic communications. You consent to receive electronic communications, and you agree that all agreements, notices, disclosures, and other communications we provide to you electronically, via email and on the Website and via the App, satisfy any legal requirement that such communication be in writing and agree to use of electronic signatures, orders and other records and to electronic delivery of notices, policies, records, bills and invoices via the App or e-mail. To hereby waive any rights or requirements under any statutes, regulations, rules, ordinances, or other laws in any jurisdiction which require an original signature or delivery or retention of non-electronic records, or to payments or the granting of credits by any means other than electronic means. In case of doubts such electronic delivery will be deemed delivered on the first day after the day it was sent and it is your responsibility to update your contact information.
- ORDER OF PRECEDENCE. These Terms and documents referenced herein, inclusing special terms and order forms that we may sign or explicitly agree to in writing, constitute the entire agreement between You and us regarding your use of Services and supersede all prior and contemporaneous agreements, proposals or representations, written or oral, concerning its subject matter. No modification, amendment, or waiver of any provision of the agreement will be effective unless in writing and signed by the party against whom the modification, amendment or waiver is to be asserted. In the event of any conflict or inconsistency between the subscription plan and these Terms of Service, the subscription plan (that may include or refer to special terms) shall control and govern.
- ASSIGNMENT. Neither party may assign any of its rights or obligations hereunder, whether by operation of law or otherwise, without the other party’s prior written consent (not to be unreasonably withheld); provided, however, with a prior notification in writing, either party may assign the agreement we have in its entirety (including all subscription plans), without the other party’s consent to its affiliate or in connection with a merger, acquisition, corporate reorganization, or sale of all or substantially all of its assets. Subject to the foregoing, the agreement will bind and inure to the benefit of the parties, their respective successors and permitted assigns.
- SEVERABILITY. If any term, clause or provision of these Terms is held invalid or unenforceable, then that term, clause or provision will be severable from these Terms and will not affect the validity or enforceability of any remaining part of that term, clause or provision, or any other term, clause or provision of these Terms.
- NO WAIVER. No waiver of any provision of these Terms will constitute a waiver of such provision in any prior, concurrent or subsequent circumstance, and a party’s failure to assert any right or provision under these Terms shall not constitute a waiver of such right or provision.
- INTERNATIONAL USE. If you gain access to the Services from locations outside the United States, you will be responsible for compliance with all local laws of any such other location, and in no event will you use the Services or Content in violation of U.S. export laws or regulations since our Services may be subject to export laws and regulations of the United States and other jurisdictions. Each party represents that it is not named on any U.S. government denied-party list. You shall not permit anyone to access or use our Service in a U.S.-embargoed country or in violation of any U.S. export law or regulation.
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Here you can find the former Terms of Service, which was valid until April 30, 2023.