This is an Agreement between you (“Client”) and GrowSocial LTD, a company established under the laws of Malta, having its registered office at Level 5, Carolina Court, Giuseppe Cali Street, TA‘XBIEX, XBX 1425, Malta, registered with the Malta Business Registry under number C 79065, that describes the Terms of Service (“Terms”, “Agreement”) with respect to your access to and use of the online software platform made available at https://app.growsocial.com (“Platform”).
This agreement only applies to the use of our “Platform” or “Software as a Service” products, it does not apply to the consulting services we offer.
All of the provisions of the Agreement are applicable and combined they form a binding contract between you and GrowSocial. You acknowledge that you are using or accessing the Platform on your own behalf or on behalf of a legal entity you represent and that you have read, understand, and agree to be bound by these Terms and Conditions. The terms “you”, “your” or “Client” refer to the legal person and its affiliates if you are accepting these Terms on behalf of a legal person and you represent that you are authorized to enter into a legal agreement on behalf of the legal entity.
The Agreement governs your use of the Platform, so please read it carefully. You are not permitted to use or access the Platform if you disagree with the terms.
When you create an account on the Platform, you also agree to our privacy policy, which you can find here: growsocial.com/privacy-policy-gdpr/ and our cookie policy which you can find here: growsocial.com/cookie-policy/
The following terms used herein shall have the meanings set forth below (with references to the singular also referring to the plural and vice versa):
“Platform” means the Software system built by GrowSocial, accessible at app.growsocial.com and available to Clients for payment.
“Client” or “User” means any person or legal entity using GrowSocial’s services (paid or otherwise).
“Influencer” means a social media user with more than 1000 followers.
“Influencer Marketing” or “IM” means a form of social media marketing involving paid or free endorsements and/or product placement with influencers.
“USD” means United States Dollars.
“EU” means European Union.
“US” means the United States of America.
“UK” means the United Kingdom.
“UN” means the United Nations.
“Intellectual Property Rights” or “IP Rights” means any design, function, software, system, invention created by GrowSocial and existing in the Platform.
“Loss” means any financial or non-financial loss a party may suffer or claim to suffer from actions or inactions from another party.
“AI” means artificial intelligence.
GrowSocial reserves the right to modify, amend, or alter these Terms at any time and without previous notification to Clients. You understand and agree that it is your duty to check these Terms of Service for updates routinely. You acknowledge that using the Services following the effective date of a change will signify your agreement to the Terms as revised, amended, or otherwise modified. You must discontinue using the Services if you disagree with the modifications.
The terms were latest edited on the 8th of March 2023.
3.1. Acceptable Usage
You are granted a constrained, non-exclusive, personal, non-assignable right to use the software based on the package you have purchased. You may not share access to your account with individuals or legal entities not directly associated with the brand you are promoting.
GrowSocial’s Platform and software systems are built with the sole purpose of helping companies who want to promote their products and/or services through sponsorship with Influencers.
Example of approved business types:
3.2. Permission-only usage
The Platform may not be used for the following purposes without GrowSocial’s prior written permission:
3.3. Forbidden business types and products/services.
Any activity which is illegal in the EU, US, UK, or in your jurisdiction.
Any businesses opposed to GrowSocial’s moral code, including, but not limited to:
3.4. Sanctioned countries, individuals, entities, and jurisdictions.
Use of GrowSocials’s services for any promotions or services, linked directly or indirectly with jurisdictions GrowSocial has deemed high risk or has been sanctioned by the governments of the US, EU, UK, UN, such as Cuba, Iran, North Korea, Syria, and the Crimea, Donetsk, and Luhansk Regions, or persons deemed high risk, such as those individuals or entities named to a restricted person or party list of the US, EU, UK, UN, including the sanctions lists maintained by the U.S. Office of Foreign Assets Control or the Denied Persons List or Entity List maintained by the U.S. Department of Commerce, is prohibited.
3.5. Reverse engineering is forbidden
No services, functions, data, or content inside the Platform may be copied, altered, translated, or otherwise transformed into a derivative work. You promise not to try to find the software’s source code through reverse engineering, decompiling, disassembling, or any other method, or to help others try to do so.
3.6. Account sharing
You may only share login access to your account with individuals working for the same company. You may not resell access to the accounts under any circumstances.
3.7. Information sharing
You may not, without the prior written permission of GrowSocial, resell, publish, transfer, syndicate, or in any other way share the information created by our Platform with third parties.
3.8. Legal compliance
You agree to abide by all applicable laws, including local, national, and international laws, statutes, ordinances, and regulations. GrowSocial reserves the right to look into complaints or reported violations of our Legal Terms and to take any action we deem necessary, including but not limited:
If GrowSocial suspects a Client or User is not following the acceptable usage policy, it may suspend or terminate a Client’s account without prior warning or compensation. You may not get a refund of the subscription fees you have paid in case your business violates our terms and conditions.
4.1. The functionality inside the Platform will change periodically. GrowSocial can not guarantee that certain functionality will exist or function fully in the future. GrowSocial’s Platform is partially dependent on functionality from third parties, and disruption in third parties may cause disruptions or loss of functionality in the Platform.
4.2. GrowSocial may change what is included in a certain package, and the usage limits of any package at any time.
4.3. Prices of packages may change without prior notice.
4.4. GrowSocial may suspend or terminate any functionality or services without prior notice.
4.5. GrowSocial is not held responsible for any loss or damages that is caused by any usage of the Platform.
4.6. GrowSocial is not held responsible for any loss or damages that is caused by any functionality not working properly or as advertised.
5.1. Influencer Marketing (IM) does, like any other type of marketing, involve significant financial risks. There is no guarantee that a paid sponsorship with an influencer, or IM in general, will be profitable for your business, or achieve other business goals you may have. By using the Platform, you agree that you are aware of such risks.
GrowSocial is not liable for any losses or damages of any kind incurred to Client or any other third party.
5.2. Clients may need to hire specialist employees and/or consultants in order to improve the success rate of Influencer Marketing.
6.1. GrowSocial’s Platform uses mainly AI and automatic systems to gather information and generate statistics and analytic data of Influencers.
6.2. Client understands that all IT systems may have flaws, bugs, and incorrect data. GrowSocial can not guarantee the accuracy and recency of the information provided in the system.
6.3. Data/content and statistics collected and displayed may require access to third-party websites which may prohibit GrowSocial from obtaining data or content in the future.
6.4. You understand that data, statistics, and content may not be exhaustive, recently updated, and/or correct.
6.5. Any actions based on the data provided, GrowSocial may not be held responsible for any financial, reputational, or any other form of loss which may occur based on the representations provided in the Platform.
6.6. Compliance with laws and regulations may prevent GrowSocial from using certain data/content or providing it to you, the content provided in the Platform may change at any given time.
7.1. All prices are stated in USD, unless otherwise expressly stated.
7.2. The prices do not include sales taxes or VAT. For customers in the EU, we require the client to enter their VAT number in order to avoid paying any VAT.
7.3. Subscriptions will automatically renew unless you actively cancel the subscription.
7.4. Prices of packages may change without prior notice.
7.5. When a new month or other billing period starts, or when your subscription expires or is canceled, unused credits or the allowed number of “profile views”, “searches” or similar, do not roll over to the next month, unless expressively stated.
7.6. Subscriptions are paid up-front. For example, if your monthly payment is paid on 15th October, you can use the service until 15th November.
7.7. When you purchase from us, you agree to have your information processed by our payment processing providers and debit/credit card companies.
7.8. GrowSocial does not store credit/debit card information.
8.1. Customers can cancel subscriptions anytime from the billing section.
8.2. After cancellation, customers may use the service for the remainder of the period they have paid for.
8.3. We do not offer any refunds or partial refunds for days or months left on the service, even if Client has not used the Platform. It’s the responsibility of the Client to cancel their subscription. Exceptions can be made for yearly subsriptions at GrowSocial’s discretion depending on the circumstances. There is no guarantee you will receive a refund. Contact customer service at support@growsocial.com to enquire about a refund.
GrowSocial takes efforts to provide 100% uptime of our Platform and routinely takes backups of databases, servers, and other systems. However, GrowSocial can not 100% guarantee your data will always be accessible and fully recovered in case of technical failure of systems.
10.1. We reserve the right to use any phrases, images, or logos as our service marks or trademarks as well as those of our affiliates or other businesses on the Platform.
10.2. Without the previous written consent of the corresponding service mark or trademark owner, your use of our website does not provide you any right or license to use such service marks or trademarks.
10.3. The Platform is shielded by Global copyright regulations. Any portion of our website that you copy, distribute, use, or publish is strictly prohibited. You do not acquire any ownership rights in our Platform by your use of it.
We link to third-party websites to make the service easily used. We do not authorize, maintain an affiliation with, or support such third-party websites by linking to them. No endorsement, guarantee, warranty, or suggestion of such third-party websites is made by the presence of links on our website. You do so at your own risk while visiting any such third-party websites and/or applications.
Any attempts to attack, hack, illegally access, or overload (DDoS) our Platform, websites, or systems are strictly forbidden. We may report such actions to law enforcement.
14.1. As part of the registration process, in order to bill you correctly and send you invoices, you may be required to provide certain information such as your name, business name, address, phone number, credit card, and email address. You agree that any registration information you give to GrowSocial will always be accurate and up to date.
13.2. You are responsible for protecting any passwords, keys, or API tokens for the GrowSocial Platform from unauthorized access. You will be held responsible for any activity that occurs under your account, API tokens, keys, or passwords. You agree to notify GrowSocial immediately of any unauthorized use of your accounts or any other security issue.
13.3. GrowSocial might occasionally access your account to help you with technical or billing concerns, as well as to maintain or improve the Platform.
When you sign up for GrowSocial’s Platform, you give GrowSocial the right to use your logo on our website customer list (for example: “used by:”).
If you do not wish to have your logo or brand named visible on our websites or associated with GrowSocial in any way, please contact support at support@growsocial.com to have it removed.
15.1. These Terms shall be governed and construed in accordance with the laws of Malta, EU.
15.2. Any legal proceedings shall occur in Malta in the English language.
15.3. If any term or provision in this Agreement (or any part of such a term or provision) shall be held by any court, arbitration, or tribunal of competent jurisdiction to be unenforceable, under any enactment or rule of law, such term or provision or part shall to that extent be deemed severable and not to form part of the Agreement, but the validity and enforceability of the remainder of the Agreement shall not be affected.
16.1. GrowSocial and its directors, employees, affiliates, officers, consultants, agents, partners, and licensees expressly disclaim all warranties of any kind, express or implied, as to the accuracy, sufficiency, or completeness of any information contained in this site or generated by the services, to the fullest extent permitted by applicable law.
16.2. GrowSocial and its directors, employees, affiliates, officers, consultants, agents, partners, and licensees is not responsible or liable for any negative consequences that may arise as a result of using any of the services on our Platform.
16.3. Arising out of any cause of action, whether in contract, tort, or otherwise, GrowSocial or any of its directors, employees, affiliates, officers, consultants, agents, or partners shall not be liable for more than the amount you paid for access to such services.
16.4. No advice or information provided by GrowSocial to Client, whether oral or written, shall create any warranty not expressly stated in the terms.
16.5. The functionality, data, content, education, and information on the Platform and all associated websites, and material in any form are provided to you on an “as is” basis, without any warranties as to suitability for a particular purpose or use.
The Client accepts the Platform “as is”, with all its faults, whether or not immediately apparent.
Any event, or a series of related or unrelated events, that is outside the reasonable control of the party affected, including, but not limited to: failures or disruptions of any public telecommunications network, failures of hosting providers, hacker attacks, denial of service attacks, virus or other malicious software attacks or infections, power failures, industrial disputes affecting any third party, changes to the law, disasters, explosions, fires, floods, riots, terrorist attacks and wars.
