At GrowReach, we care about the privacy of your data and are committed to protecting it. This Privacy Policy explains what information we collect about you and why, what we do with that information, and how we handle that information. We’ll also explain what choices you have with respect to the information.

Applicability Of This Privacy Policy

This Privacy Policy applies to GrowReach’s or our affiliates’ (hereinafter “we”, “us”, “our” or “GrowReach”) Software applications (collectively, the “Products”), growreach.app and other GrowReach websites (collectively, the “Sites”) and other interactions (e.g., customer service inquiries, demo calls with our salon experts, etc.) you may have with GrowReach. If you do not agree with the terms, do not access or use the Products, Sites or any other aspect of GrowReach’s business.

GrowReach has contracts with all Data Processors that it uses in compliance with the applicable data protection legislation, and ensures that all Data Processors are compliant with the applicable data protection legislation.

The Privacy Policy does not apply to third party services. Where third party services are used, and the third party is not a Data Processor, no Relevant Data (as defined below) is shared with them, or the Relevant Data has been anonymised such that the GDPR does not apply. Information collected by third parties is governed by their privacy practices. We encourage you to learn about the privacy practices of those third parties.

In addition, a separate agreement governs delivery, access and use of the Products (the “Terms of Service”). This Privacy Policy applies to Relevant Data received and processed only.

Definitions

Capitalized terms used in this Privacy Policy and not otherwise defined shall have the meanings provided below:

Data Processor means a natural or legal person, public authority, agency or other body which processes personal data on behalf of GrowReach.

Products: GrowReach business management software as a service product accessed via our sites

Relevant Data – Personal Data and Special Categories of Data are the Relevant Data covered by this Policy and as defined in the applicable data protection legislation.

Personal Data – any information relating to an identified or identifiable natural person.

Special Categories of Data – Personal Data revealing racial or ethnic origin, political opinions, religious or philosophical beliefs, trade union membership, genetic data, biometric data and data concerning health or a person’s sex life or sexual orientation.

Processing/Processed any operation on Personal Data, whether automated or not.

Other capitalised terms have the same meaning as in the applicable Terms of Service.

Information We Collect and Receive

When you interact with our Sites and Products, we collect Information that, alone or in combination with other data, could be used to identify you (Personal Data). Some of the Information we collect is stored in a manner that cannot be linked back to you (Non-Personal Data).

GrowReach may collect, generate and/or receive the following Information

Information We Collect and Receive

Certain data about your account with GrowReach and your use of the Site and/or Product are automatically logged in our systems, including:

Contact details, namely, email and phone number. This information might be needed to have an agreement with you, provide you with our services and communicate with you.

Location information. This is the geographic area where you use your computer and mobile devices (as indicated by an Internet Protocol [IP] address or similar identifier) when interacting with our Site and/or Product. This information might be necessary to determine your general geographic location, applicable data protection legislation and provide you with customized, localized and personalized content.

Log data. As with most websites and technology services delivered over the Internet, our servers automatically collect data when you access or use our Site and/or Product and record it in log files. This log data may include the IP address, browser type and settings, the date and time of use, information about browser configuration, language preferences, and cookie data. This information is needed to ensure security of our systems, prevent, detect and investigate potentially prohibited or illegal activities, including fraud, and to enforce our Terms of Service.

Product and Site Specific Data. This is information about the Site and/or Product you use and how you use them. We may also obtain data from our third-party partners and service providers to analyze how users use our Site and/or Product. For example, we will know how many users access a specific page on the Site and which links they clicked on. We use this aggregated information to better understand and optimize the Site.

Device information. These are data from your computer or mobile device, such as the type of hardware and software you are using (for example, your operating system and browser type), as well as unique device identifiers for devices that are using GrowReach Product. This is needed to provide you with the best experience, ensure compatibility and update our Services.

The detailed information on the basis for collection, storage and processing of each type of Personal Data is provided in the Lawful Basis for Personal Data Processing section of this Privacy Policy.

Cookies

GrowReach uses cookies and similar technologies in our Site and Services that help us to provide, analyze, understand and enhance the use of our Services, enforce our terms, prevent fraud, improve Site performance, monitor visitor traffic and actions on our site, deliver and tailor our marketing or advertising, and understand interactions with our emails, marketing, and online ads on third party sites. The Site and Services may also include cookies and similar tracking technologies of third parties, which may collect information about you via the Site and Services and across other websites and online services. For more details about how we use these technologies, please see our Cookie Policy.

Third Party Data

GrowReach may receive data about Site visitors, marketing campaigns and other matters related to our business from affiliates and subsidiaries, our partners or others that we use to make our own information better or more useful. This data may be combined with other information we collect and might include aggregate level data, such as which IP addresses correspond to zip codes or countries. Or it might be more specific: for example, how well an online marketing or email campaign performed.

GrowReach may collect, generate and/or receive the following Information:

Additional Information Provided to GrowReach

We also receive Personal Data of your customers when they use our Products and Site to engage in business interactions and transactions with you. This data is also processed in accordance with applicable privacy laws and safety as your data.

Payment Information

Our order process is conducted by third-party payment service providers as designated by us from time to time (“Payment Service Providers”). Payment Service Providers are the Merchants of Record for all our orders. Payment Service Providers provide all customer service inquiries and handle returns.

Payments information (this includes name, location, contact details, and billing information) provided by you may be stored and processed by Payment Service Providers. All such information is subject to the privacy policy of the respective Payment Service Provider.

Payment Service Providers and us have a legitimate interest to use provided data for product fulfilment, order processing, fraud prevention, and product support.

Collection of Information from Children

GrowReach does not knowingly collect Personal Data from children under the age of 13. If we determine we have collected Personal Data from a child younger than 13 years of age, we will take reasonable measures to remove that information from our systems. If you are under the age of 13, please do not submit any Personal Data through the Site and/or Products. We encourage parents and legal guardians to monitor their children’s Internet usage and to help enforce this Privacy Policy by instructing their children never to provide Personal Data through the Sites and/or Products without their permission.

Use of Your Information by GrowReach

We use, process, and store your information as necessary to perform our contract with you and for our legitimate business interests, in operating our Sites, Products, Services, and business including:

• To help us administer our Sites and/or Products, authenticate users for security purposes, provide personalized user features and access, process transactions, conduct research, develop new features, and improve the features, algorithms, and usability of our Sites and/or Products.
• As required by applicable law, legal process or regulation.
• To calculate aggregate statistics on the number of unique devices using our Sites and/or Products.
• To send emails and other communications. We may send you service, technical and other administrative emails, messages and other types of communications. We may also contact you to inform you about changes in our Products, our Product offerings, and important Product-related notices, such as security and fraud notices. These communications are considered part of the Products and you may not opt out of them. In addition, we sometimes send emails about new product features, promotional communications or other news about GrowReach. We will only send you marketing information if you provide the respective consent to us.
• For billing, account management and other administrative matters. GrowReach may need to contact you for invoicing, account management and similar reasons and we use account data to administer accounts and keep track of billing and payments.
• To investigate and help prevent security issues, fraud and abuse.
• If information is aggregated or de-identified so it is no longer reasonably associated with an identified or identifiable natural person, GrowReach may use it for any business purpose.

How We Share And Disclose Information

We only disclose Personal Data to third parties when:

• We use service providers who assist us in meeting business operations needs, including hosting, delivering, and improving our Products. We also use service providers for specific services and functions, including email communication, customer support services, and analytics. These service providers may only access, process, or store Personal Data pursuant to our instructions, according to the applicable data protection legislation and to perform their duties to us.
• We have your explicit consent to share your Personal Data (if required).
• We believe it is necessary to investigate potential violations of the Terms of Products, to enforce those Terms of Products, or where we believe it is necessary to investigate, prevent, or take action regarding illegal activities, suspected fraud, or potential threats against persons, property, or the systems on which we operate our Site and/or Products.
• We determine that the access, preservation, or disclosure of your Personal Data is required by law to protect the rights, property, or personal safety of GrowReach and users of our Site and/or Products, or to respond to lawful requests by public authorities, including national security or law enforcement requests.
• We need to do so in connection with a merger, acquisition, bankruptcy, reorganization, sale of some or all of our assets or stock, public offering of securities, or steps in consideration of such activities (e.g., due diligence). In these cases some or all of your Personal Data may be shared with or transferred to another entity, subject to this Privacy Policy.
• We may disclose Non-Personal Data publicly and to third parties – for example, in public reports about word usage, to partners under agreement with us, or as part of progress reports we may provide to users.

GrowReach does not share your Personal Data/personally identifiable information with third parties for the purpose of enabling them to deliver their advertisements to you.

GrowReach does not sell or rent your Personal Data.

Additional Information Provided to GrowReach

Some third-party applications and services that work with us may ask for permission to access your information. Those applications will provide you with notice and request your consent in order to obtain such access or information. Please consider your selection of such applications and services, and your permissions, carefully.

Some third parties’ embedded content or plugins on our Sites and/or Products, such as Facebook “share” buttons, may allow their operators to learn that you have visited the Sites, and they may combine this knowledge with other data they have collected about your visits to other websites or online services that can identify you.

Data collected by third parties through these apps and plugins is subject to each partу’s own policies. We encourage you to read those policies and understand how other companies use your data.

E-mailing by GrowReach

From time to time, we may want to contact you with information about product announcements, software updates, and special offers. We also may want to contact you with information about products and services from our business partners.

We only send marketing communications to you with your prior consent.

All GrowReach account holders will continue to receive transactional messages related to our Products, even if you unsubscribe from promotional emails.

Data Storage, Transfer, Retention, and Deletion

Data Storage and Transfers

Information submitted to GrowReach will be transferred to, processed, and stored in the United Arab Emirates, Virginia state of United States of America and Singapore. Data stored and processed by GrowReach may sometimes be moved between these zones (in a secure manner). When you use the Product on your computing device, user content you save will be stored locally on that device and synced with our servers. If you post or transfer any information to or through our Site and/or Product, you are agreeing to such information, including Personal Data and user content, being hosted and accessed in the United Arab Emirates, in Virginia state of the United States of America and Singapore.

Safeguards

When you give us Personal Data, we take steps to make sure that it’s treated securely.

Non-sensitive details (your email address etc.) are sent normally over the Internet, and this can never be guaranteed to be 100% secure. As a result, while we strive to protect your Personal Data, we cannot guarantee the security of any information you transmit to us, and you do so at your own risk. Once we receive your information, we make our best effort to ensure its security on our systems.

We use industry-standard encryption to protect your data in transit. This is commonly referred to as transport layer security (“TLS”) or secure socket layer (“SSL”) technology.

Once we receive your data, we protect it on our servers using a combination of technical, physical, and logical security safeguards. The security of the data stored locally in any of our Products installed on your computing device requires that you make use of the security features of your device. We recommend that you take the appropriate steps to secure all computing devices that you use in connection with our Site and Product.

GrowReach takes the security of your data very seriously and works to protect your data from loss, misuse and unauthorised access or disclosure.

All staff and officers who handle Relevant Data are aware of this Privacy Policy and have been given training in how to correctly collect, process, store and delete data. GrowReach holds a log of when staff training was undertaken and updates it on an annual basis.

Duration of Information Storage

As the general rule, we retain your Personal Data while you are a customer and will delete your Personal Data within 30 (thirty) calendar days of either party’s termination of the User Agreement or upon written request. You can remove your Personal Data from GrowReach at any time by emailing us with the respective request:
support@growreach.app. However, we may keep some of your Personal Data for as long as reasonably necessary for our legitimate business interests, including fraud detection and prevention and to comply with our legal obligations including tax, legal reporting, and auditing obligations.

Data Breaches

All breaches will be reported to the relevant supervisory authority within 72 hours, unless the data was anonymised or encrypted or if it has a particularly high risk.

Breaches of this Privacy Policy by staff, contractors, officers of GrowReach will be dealt with under the GrowReach’s grievance and disciplinary policy and may lead to a disciplinary sanction.

If GrowReach learns of a security system breach, we may attempt to notify you and provide information on protective steps, if available, through the email address that you have provided to us or by posting a notice on the Site. Depending on where you live, you may have a legal right to receive such notices in writing.

Lawful Basis for Personal Data Processing

GrowReach uses, processes, and stores Personal Data, as necessary to perform our contract with you, and based on our legitimate interests in order to provide the services in connection with the Product and maintaining Product’s functionality, namely:

• Log data (software app crash data and other diagnostic reports) – for identifying and fixing defects in Product’s functionality. Logs and entire reports are important to analyze user problems, application misfunctions and crashes. Data is mandatory and is frequently the main source, which helps to understand and resolve application issues.
• Device information: Operating System (OS) running on your device, Internet Protocol (IP) address, access times, browser type, and language, OS localization, screen resolution and such data about the device you use our products ans sites on.
• We are collecting your data when you’re contacting our customer support team via call, email or another communication tool. The purpose of collecting is for helping you to solve any issue you have with our services. The legal basis of collecting is fulfillment of our contractual or pre-contractual obligations to you. Additionally, we may record the calls. The purpose of call recording is quality control of our customer support services and personnel training. The legal basis of call recording is our legitimate interests in retaining you as a customer and providing you with first-class customer support services.

We rely on your consent to process Personal Data:

• to send promotional emails,
• to place cookies on your devices, and
• for in-app analytics events and actions, used by us to understand user behaviour, analyze and optimize it.

In some cases, GrowReach may process Personal Data pursuant to legal obligation or to protect your vital interests or those of another person.

Your Rights

You have the following rights in respect to your Personal Data, including the right to access, correct, or delete Personal Data we process through your use of the Site and/or Product.

You can:

• Have your Personal Data corrected or deleted. You may ask us to correct information you think is inaccurate or completely delete all information that we hold about you by emailing: support@growreach.app .
• Access your Personal Data report by submitting a request at support@growreach.app. This report will include Personal Data we have about you, provided to you in a structured, commonly used, and portable format.
• Object to us processing your Personal Data. It is your right to lodge an objection to the processing of your personal data by emailing: support@growreach.app if you feel the “ground relating to your particular situation” apply. The only reasons we will be able to deny your request is if we can show compelling legitimate grounds for the processing, which override your interest, rights and freedoms, or the processing is for the establishment, exercise or defence of a legal claims.
• Ask us to stop using your Personal Data, including when we use your Personal Data to send you marketing emails. We only send marketing communications to you with your prior consent, and you may withdraw your consent at any time by clicking the “unsubscribe” link found within GrowReach emails and changing your contact preferences. Please note you will continue to receive transactional messages related to our Product, even if you unsubscribe from marketing emails.
• Complain to a regulator. If you’re based in the European Economic Area (EEA) and think that we haven’t complied with data protection laws, you have a right to lodge a complaint with your local supervisory authority.
• Request to know more details about the categories or specific pieces of Personal Data we collect (including how we use and disclose this information), to delete their Personal Data, to opt out of any “sales” that may be occurring, and to not be discriminated against for exercising these rights.

Data Protection Officer

To communicate with our Data Protection Officer, please email: dpo@growreach.app

Changes to our Privacy Policy

We may need to update this Privacy Policy to keep pace with changes in our Sites, Products, and Services, our business, and laws applicable to us and you. We will, however, always maintain our commitment to respect your privacy. We will notify you of any material changes that impact your rights under this Privacy Policy by email (to your most recently provided email address) or post any other revisions to this Privacy Policy, along with their effective date, in an easy-to-find area of the Sites, so we recommend that you periodically check back here to stay informed of any changes. Please note that your continued use of GrowReach’s Sites and/or Products after any change means that you agree with, and consent to be bound by, the new Privacy Policy. If you disagree with any changes in this Privacy Policy and do not wish your information to be subject to it, you will need to stop using the Sites and/or Products.

Contact Us

You may contact us with any questions relating to this Privacy Policy by e-mailing: support@growreach.app.

At GrowReach, we aim to build the best software that helps you achieve your goals. However if you wish to get a refund for your purchase this Refund Policy explains how and when the refund would be processed.

GENERAL CONDITIONS

Software developed by GrowReach is available on a try-before-you-buy basis, you can also get a free demo and use the paid plans for free during the trial period. We provide these these options to ensure that you can fully experience GrowReach’s product prior to making your purchase. When available, knowledge base and How-Tos for software is also available online. We encourage you to review the documentation and try the software prior to making your purchase to ensure that it meets your requirements.
 

If you are not satisfied with software purchased directly from GrowReach (software purchased from a third party must be returned to the third party and is subject to the return policies of that particular reseller), please contact our Customer Support Team (either by email or by phone) within 30 days of your purchase to receive a refund. Refunds requested more than 30 days after your initial purchase date will not be issued unless the transaction was subject to a fraudulent purchase.

In case you are issued a refund, it should appear on your credit card statement within 7 to 10 business days. Upon receiving a refund you shall cease all use and destroy all copies, full or partial, of the Software for which you no longer possess a valid, purchased license. GrowReach reserves the right to disable account you were using to access the product when we issue you a refund.

NON-REFUNDABLE CASES

GrowReach may decline refund claims in the following cases:

1. Software purchased for the wrong use-case and not being used for its intended purpose.
2. Inability to operate the software in your internet and communication network conditions or your computing environment.
3. Inability to use the software due to an operator error.
4. We will not refund or credit the difference between the price you were charged and the limited-time price reduction, such as those that occur during special sales events.
5. Please note that coupon details must be filled in before proceeding to the order check-out. We will not apply discounts in retrospect, i.e. to orders that have already been.

Please note that we can only accept refund claims for products purchased via our site – purchases made from a reseller or a implementation partner are subject to their refund policies.

Table of contents

1. Intro
2. What is a cookie?
3. Why does GrowReach use cookies?
4. How to disable cookies
5. Types of cookies GrowReach uses
6. Cookies subject to change
7. Updating this Policy
8. Contact us

Intro

In the spirit of transparency, this Cookie Policy (“Policy”) provides detailed information about why, how, and when we use cookies on our Site, Software, and/or Services, as defined in our Terms of Service.

What is a cookie?

A cookie is a small text file that is placed on your hard drive by a web page server. Cookies contain information that can later be read by a web server in the domain that issued the cookie to you. Some of the cookies will only be used if you use certain features or select certain preferences, and some cookies are essential to the Site, Software, and/or Services, and will always be used. Web beacons, tags, and scripts may be used in the Site or in emails to help us deliver cookies and count visits, understand usage and campaign effectiveness, and determine whether an email has been opened and acted upon. We may receive reports based on the use of these technologies by our service/analytics providers (for example, Google Analytics) on an individual and aggregated basis.

Why does GrowReach use cookies?

GrowReach and our marketing partners, affiliates, and analytics or service providers use cookies and other technologies to ensure everyone who uses the Site, Software, and/or Services has the best possible experience. For example, when you use our Site, we may place a number of cookies in your browser. We use these cookies to enable us to hold session information as you navigate from page to page within the Site, improve your experience, and track and analyze usage and other statistical information. If you elect not to activate the cookie or to later disable cookies, you may still visit our Site, and use our Software or Services, but your ability to use some features or areas of those offerings may be limited.

How to disable cookies

You can generally activate or later deactivate the use of cookies through a functionality built into your web browser. To learn more about how to control cookie settings through your browser:

• Click here to learn more about managing cookie settings in Mozilla Firefox;
• Click here to learn more about managing cookie settings in Google Chrome;
• Click here to learn more about managing cookie settings in Microsoft Internet Explorer;
• Click here to learn more about managing cookie settings in Safari;
• Click here to learn more about managing cookie settings in Microsoft Edge.

If you want to learn more about cookies or how to control, disable, or delete them, please visit www.allaboutcookies.org for detailed guidance. In addition, certain third-party advertising networks, including Google, permit users to opt out of or customize preferences associated with your Internet browsing. To learn more about this feature from Google, click here.

Types of cookies GrowReach uses

Many jurisdictions require or recommend that website operators inform users/visitors as to the nature of cookies they utilize and, in certain circumstances, obtain the consent of their users to the placement of certain cookies.

Each cookie used by GrowReach falls within one of the following categories:

Essential cookies

Essential cookies (First-Party Cookies) are sometimes called “strictly necessary,” as without them we cannot provide many services that you need. For example, essential cookies help us to identify your account and remember your preferences as you use our Site, Software, and/or Services.

Analytics cookies

These cookies track information about your visits and usage of the Site, Software, and/or Services so that we can make improvements and report our performance — for example, to analyze visitor and user behavior so as to provide more relevant content or suggest certain activities. We might also use analytics cookies to test new ads, pages, or features to see how users react to them. Google Analytics is the main technology we currently use in this regard. To learn more about Google Analytics and your privacy, visit the “How Google uses data when you use our partners’ sites or apps” page at www.google.com/policies/privacy/partners/. To opt out of being tracked by Google Analytics when using our website, visit httptools.google.com/dlpage/gaoptout.

Functionality or preference cookies

During your visit to the Site, or while you use our Software or Services, cookies are used to remember information you have entered or choices you make (such as your username, language, or your region). They also store your preferences when personalizing the Site, Software, and/or Services to optimize your use of GrowReach (for example, your preferred language). These preferences are remembered through the use of persistent cookies, and the next time you visit the Site or use our Software and/or Services, you will not have to set them again.

Targeting or advertising cookies

These Third-Party Cookies are placed by third-party advertising platforms or networks in order to deliver ads and track ad performance, or enable advertising networks to deliver ads that may be relevant to you based upon your activities (this is sometimes called “behavioral tracking” or “targeted” advertising) on the Site. They may subsequently use information about your visit to target you with advertising that you may be interested in on the Site and other websites. You can opt out of interest-based targeting provided by participating ad servers through the Digital Advertising Alliance (youradchoices.com).

Social media cookies

The Site includes third-party social media features, such as the Facebook Like button, and third-party widgets, such as the ‘Share This’ button or interactive mini-programs that run on the Site. These features may collect your IP address and which page you are visiting on the Site, as well as set a cookie to enable the feature to function properly. Your interaction with these features is governed by the privacy policy of the third-party company providing it. Here are some examples of third-party social media features that we use, and their privacy policies:

• Facebook Privacy Policy
• Google+ and YouTube Privacy Policy
• Twitter Privacy Policy
• LinkedIn Privacy Policy

Cookies subject to change

The content of this Policy is for your general information and use only. You acknowledge that this information may contain inaccuracies or errors and is subject to change, and we expressly exclude liability for any such inaccuracies or errors to the fullest extent permitted by law.

Updating this Policy

If there are any material changes to this Policy, you will be notified by the posting of a prominent notice on our Site prior to the change becoming effective. We encourage you to periodically review this page for the latest information on the Policy. Your continued use of the Site, Software, and/or Services constitutes your agreement to be bound by such changes to this Policy. Your only remedy, if you do not accept the terms of this Policy, is to discontinue use of and access to the Site, Software, and/or Services.

Contact us

If you have any questions regarding this Policy or how GrowReach uses cookies, you may contact us by submitting a help desk request here or by e-mailing: support@growreach.app

These Terms of Service (the “Terms”) constitute an agreement between GrowReach’s parent company along with all our subsidiaries listed below and from here on referred to as “GrowReach”, “we” or “us”.

You agree to be bound by these Terms any time You use our software (“Software”) and any of our other products through the Software (together referred to herein as the “Services”). Therefore, by using the Services You expressly accept and agree to comply with these Terms.”Use” or “using” means to access, install, download, copy or otherwise benefit from using the Services in accordance with the Documentation. If You do not agree to these Terms, do not use the Services. Each time You access or use the Services, the current version of these Terms will apply. These Terms will always be available on the Site.

Your use of the Services is also subject to our Privacy Policy, available on the Site and incorporated into these Terms by reference; in addition, You agree to abide by our rules, policies, and procedures we may publish on the Services from time to time. We reserve the right at any time and without notice to change these Terms. Therefore, You should check for revisions to the Terms regularly as they are binding on You. Any use of the Services subsequent to revised Terms coming into force implies acceptance of the revised Terms.

Additionally, we continually test various aspects of our Services, including but not limited to our Site, Software, user interfaces, service levels, plans, promotional features and pricing. We reserve the right to, and by using our Services You agree that we may, include You in or exclude You from these tests without notice. If You have questions regarding these Terms, please contact us on support@growreach.app

THIS IS A LEGALLY BINDING AGREEMENT. IF YOU DO NOT UNDERSTAND THIS AGREEMENT, OR DO NOT AGREE TO BE BOUND BY IT OR THE PRIVACY POLICY REFERENCED HEREIN, YOU MUST IMMEDIATELY STOP USING SERVICES, AND YOU ARE NOT AUTHORIZED TO ACCESS OR USE ANY OF THE SERVICES. BY ACCESSING OR USING THE SERVICES, YOU CONFIRM THAT YOU ARE AT LEAST 18 YEARS OLD (OR IF YOU ARE BETWEEN 13 AND 17 YEARS OLD, INCLUSIVE, THAT YOU ARE USING THE SERVICES ONLY WITH THE APPROVAL OF YOUR PARENT OR GUARDIAN), THAT YOU ARE LEGALLY ABLE TO ENTER INTO THIS AGREEMENT, AND THAT YOU HAVE READ, UNDERSTAND AND AGREE TO BE BOUND BY THIS AGREEMENT.

SOFTWARE LICENSES & SUBSCRIPTION

When used in these Terms, the following terms shall have the respective meanings indicated, such meanings to be applicable to both the singular and plural forms of the terms defined:

SOFTWARE

“Software” means all software code, application, our sites and all of its contents containing GrowReach Software with which these Terms are applicable, including and any upgrades, modified versions, updates, additions, and copies of the Software, if any, provided to You by Us now or in the future (collectively, “Updates”).

SUBSCRIPTION & LICENSE

GrowReach as the licensor grants You as the license a non-exclusive and limited to the scope of your subscription plan, the right to use the Software under these Terms. The Software is protected by copyright laws and international copyright treaties, as well as other intellectual property laws and treaties. GrowReach reserves all rights not expressly granted to You. GrowReach retains the ownership of the copyright in and to the Software.

One person/entity is entitled to Use not more than 10 (ten) subscriptions for the Software, except otherwise is agreed between such person and GrowReach in written. For all cases, the duration of the license shall be fixed by the Subscription conditions with the possibility to renew license at the end of the subscription period.

You agree, and represent and warrant, that Your use of Services, or any portion thereof, will be consistent with the foregoing license, covenants and restrictions and will neither infringe nor violate the rights of any other party or breach any contract or legal duty to any other parties.

When You purchase a subscription to the Software, for which the subscription model is provided (a “Subscription”), You agree to pay the subscription price listed on the purchase page for the subscription period indicated thereon. Your Subscription will renew at the end of the subscription period at the then-current rate unless You cancel the Subscription before the end of the applicable subscription period. Additionally, when You purchase a Subscription, you authorize us to use the payment information we have on file for You to renew the Subscription as described herein. We may, but are not required to, contact You prior to the end of Your Subscription to let You know that Your Subscription will auto-renew. In case of a transaction failure when trying to charge You for renewal of the Subscription, we may retry to fulfill the transaction repeatedly (but not more than 3 (three) times). If You are directed to our third-party payment processor(s), You may be subject to terms and conditions governing use of that third party’s services and that third party’s personal information collection practices. Please review such terms and conditions and privacy policy before using the third party’s services.

In case of termination of the Subscription to the Software before expiration of the Subscription period for some reasons provided by the legislation or these Terms, neither the Subscription price, nor its part shall be refunded. The refund cases are governed by and subject to the GrowReach Refund Policy.

If we are unable to collect payment for the renewed Subscription at the end of the subscription period, You will no longer be able to access the Software. If You wish to reactivate Your Subscription after access has been terminated, You will be required to pay only a new Subscription payment for the reactivation without the necessity to pay the past-due Subscription payment.

Your Subscription may begin with a free trial, i.e. access for testing purposes for a certain period of time (the “Trial”). Trial is only available for those who have not previously used one.

The Trial provides complete access to the functionality of the Software and automatically converts to a paid annual Subscription if not canceled. In case of the Trial, the first payment will be charged to your chosen payment method immediately following the end of the Trial, unless canceled in accordance with the cancellation instructions.

If you purchase the Subscription, you agree to pay the subscription price listed on the purchase page for the subscription period indicated thereon. Your Subscription will renew at the end of the subscription period at the then-current rate unless you cancel the Subscription before the end of the applicable subscription period. The sale is final, and we will not provide a refund.

In case of termination of the Subscription to the Software before the expiration of the subscription period for some reasons provided by the legislation or these Terms, neither the Subscription price nor its part shall be refunded.

PERMITTED USES AND RESTRICTIONS

USES

Subject to your compliance with these Terms, we grant you a non-exclusive, limited, revocable, non-transferable license to use the Software solely as follows:

• The Trial may be used by you for the sole purpose of trying and evaluating the Software.
• Unauthorized copying of the Software is expressly forbidden.
• You may not rent, lease, or lend the Software to anyone.
• You may not permanently transfer all of your rights under these Terms, unless we are notified of and consent to the assignment and the assignee agrees to the terms of these Terms.
• We hold no responsibility of the results of using the Software acquired illegally or through an unauthorized distributor.
• Except as and only to the extent permitted in these Terms and by applicable law, you may not copy, adapt, translate, decompile, reverse engineer, disassemble, modify, or create derivative works of the
• Software or advertise the Software in any form.
• Without prejudice to any other rights, we may terminate these Terms if you fail to comply with the terms and conditions of these Terms or other documents, referred to herein. In such an event, you must destroy all copies of the Software.

TRANSFER

You may not assign, rent, lease, lend, sell, redistribute or sublicense this Software, except as provided herein or with our express consent and agreement.

TRIAL

The Software requires the purchase of a Subscription.

We may offer you the Trial for the use of the Software. Availability of the Trial is not guaranteed. The Trial provides complete access to all features and functionality of the Software. You may activate the Trial only by providing your payment information and accepting that it will be converted into a Subscription after the Trial ends. You may cancel your Subscription before the end of the Trial. In this case, you will still be able to use the Software before the Trial expires.

GENERAL TERMS

TERMINATION

These Terms are effective until terminated by You or by us.

Your rights under this Subscription License will terminate by us automatically without notice if You fail to comply with any provisions of these Terms and or otherwise fail to pay the fees and charges, if any, payable to us and associated with Your use of the Services.

Please, take a note that WE MAY SUSPEND, TERMINATE, MODIFY OR DELETE YOUR ACCOUNT AND/OR TERMINATE OR SUSPEND YOUR ACCESS TO THE SERVICES AT ANY TIME FOR ANY REASON OR WITHOUT ANY REASON, WITH OR WITHOUT NOTICE, WITHOUT ANY LIABILITY TO YOU WHATSOEVER. You acknowledge and agree that we are not required to notify You before suspending or terminating Your Account and/or Your access to the Services.

Upon the termination of these Terms You shall cease all use and destroy, remove or delete all copies, full or partial, of the Services on Your computer or device and otherwise in Your possession or control. Any term or condition of these Terms which by its plain meaning shall be and must be performed after termination, shall survive termination.

INDEMNIFICATION

You agree to indemnify and hold harmless us, our affiliates and our and their officers, directors, licensors, partners, licensees, consultants, contractors, agents, attorneys, employees, and third party service providers (collectively, the “Indemnitees”) from any and all claims, liabilities, costs and expenses, including reasonable attorneys’ fees (collectively, “Claim(s)”), that actually or allegedly result from Your information, use of the Services, or Your breach of these Terms. You agree to be solely responsible for defending any Claim against or suffered by any Indemnitee, subject to the relevant Indemnitee’s right to participate with counsel of its own choosing, and for payment of damages or losses resulting from all Claims against any Indemnitee provided that You will not agree to any settlement that imposes any obligation or liability on any Indemnitee without our prior express written consent.

WARRANTY DISCLAIMER

YOU EXPRESSLY AGREE THAT THE SERVICES ARE AVAILABLE ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, AND THAT YOUR USE THEREOF IS AT YOUR OWN RISK. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, WE DISCLAIM TO THE MAXIMUM EXTENT PERMITTED BY LAW ANY AND ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY (I) WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, (II) WARRANTIES AGAINST INFRINGEMENT OF ANY THIRD PARTY INTELLECTUAL PROPERTY OR PROPRIETARY RIGHTS, (III) WARRANTIES RELATING TO DELAYS, INTERRUPTIONS, ERRORS, OR OMISSIONS IN THE SERVICES, OR ANY PART THEREOF, (IV) WARRANTIES RELATING TO THE TRANSMISSION OR DELIVERY OF THE SERVICES, (V) WARRANTIES RELATING TO THE ACCURACY OR CORRECTNESS OF DATA, (VI) WARRANTIES RELATING TO COMPATIBILITY OF SERVICES WITH PARTICULAR OPERATION SYSTEMS AND THEIR UPDATES, AND ANY OTHER WARRANTIES OTHERWISE RELATING TO PERFORMANCE, NONPERFORMANCE, OR OTHER ACTS OR OMISSIONS BY US. FURTHER, AND WITHOUT LIMITING THE GENERALITY OF ANY OF THE FOREGOING, THERE IS NO WARRANTY THAT THE SERVICES WILL MEET YOUR NEEDS OR REQUIREMENTS OR THE NEEDS OR REQUIREMENTS OF ANY OTHER PERSON. IN ADDITION, YOU ACKNOWLEDGE AND AGREE THAT OUR WARRANTY DOES NOT COVER TELECOMMUNICATIONS OR INTERNET OUTAGES CAUSED BY THIRD PARTIES OR OTHERWISE OUTSIDE OF OUR CONTROL. THE SERVICES MAY BE LIMITED BY MANY FACTORS, INCLUDING INHERENT RISKS OF THE INTERNET.

LIMITATION OF LIABILITY

TO THE EXTENT NOT PROHIBITED BY APPLICABLE LAW, IN NO EVENT SHALL GROWREACH BE LIABLE TO YOU OR A THIRD PARTY FOR PERSONAL INJURY, OR ANY INCIDENTAL, SPECIAL, INDIRECT OR CONSEQUENTIAL DAMAGES WHATSOEVER. THIS INCLUDES, WITHOUT LIMITATION, DAMAGES FOR LOSS OF PROFITS, LOSS OF DATA OR INFORMATION, BUSINESS INTERRUPTION OR ANY OTHER COMMERCIAL DAMAGES OR LOSSES, ARISING OUT OF OR RELATED TO YOUR USE OR INABILITY TO USE THE SOFTWARE OR SERVICES OR ANY THIRD PARTY SOFTWARE OR APPLICATIONS IN CONJUNCTION WITH THE SOFTWARE HOWEVER CAUSED, REGARDLESS OF THE THEORY OF LIABILITY (CONTRACT, TORT OR OTHERWISE) AND EVEN IF GROWREACH HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OF LIABILITY FOR PERSONAL INJURY, OR OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THIS LIMITATION MAY NOT APPLY TO YOU. REGARDLESS, IN NO EVENT SHALL GROWREACH’S TOTAL LIABILITY TO YOU FOR ALL DAMAGES EXCEED THE AMOUNT OF ONE HUNDRED DOLLARS ($100.00). THE FOREGOING LIMITATIONS WILL APPLY EVEN IF THE ABOVE STATED REMEDY FAILS OF ITS ESSENTIAL PURPOSE.

INTELLECTUAL PROPERTY

You acknowledge that all the text, graphical user interface, images, logos, marks, compilations, data, artwork, computer code and other content displayed on Services or used by GrowReach to operate the Services (collectively, “Content”) including but not limited to the design, structure, selection, coordination, expression, “look and feel” and arrangement of such Content, contained on Services is proprietary to us.

The Services are protected by copyrights, trademarks, patents, trade secrets, and other intellectual property and proprietary rights (collectively, “Intellectual Property Rights”), and any unauthorized use of the same violates these Terms and may violate applicable law. Except as expressly provided herein, we do not grant You any express or implied right to use the Services. You agree not to copy, reproduce, republish, frame, download, transmit, modify, adapt, create derivative works based on, rent, lease, loan, sell, assign, display, perform, license, sublicense or reverse engineer, distribute in any way (including “mirroring”) to any other computer, server, web site or other medium for publication or distribution or for any commercial enterprise without our express prior written consent any of the Services and/or its Content. In addition, You agree not to take any action that may infringe on our Intellectual Property Rights.

GOVERNING LAW

These Terms will be governed by and construed in accordance with the laws of the State of California, excluding its conflict of law principles. These Terms shall not be governed by the United Nations Convention on Contracts for the International Sale of Goods, the application of which is expressly excluded. If for any reason a court of competent jurisdiction finds any provision, or portion thereof, to be unenforceable, the remainder of this License shall continue in full force and effect.

ARBITRATION

Except for actions to protect copyrights and to enforce an arbitrator’s decision hereunder, all disputes, controversies, or claims arising out of or relating to this Agreement or a breach thereof shall be submitted to and finally resolved by arbitration under the rules of the American Arbitration Association (“AAA”) then in effect. There shall be one arbitrator, and such arbitrator shall be chosen by mutual agreement of the parties in accordance with AAA rules. The arbitration shall take place in the location in California, USA or such other location in the USA determined by GrowReach in its sole discretion. The arbitrator shall apply the laws of the State of California, to all issues in dispute. The findings of the arbitrator shall be final and binding on the parties, and may be entered in any court of competent jurisdiction for enforcement. Notwithstanding the law of California legal fees shall be awarded to the prevailing party in the arbitration.

COMPLETE AGREEMENT AND SEVERABILITY

These Terms constitute the entire agreement between You and GrowReach relating to the use of the Services and supersedes all prior or contemporaneous understandings regarding such subject matter. No amendment to or modification of these Terms will be binding unless in writing and signed by GrowReach. The failure of either party to enforce any rights granted hereunder or to take action against the other party in the event of any breach hereunder shall not be deemed a waiver by that party as to subsequent enforcement of rights or subsequent actions in the event of future breaches. Any translation of these Terms is done for local requirements and in the event of a dispute between the English and any non-English versions, the English version of these Terms shall govern, to the extent not prohibited by local law in Your jurisdiction. If any term or provision of tHese Terms is declared void or unenforceable in a particular situation, by any judicial or administrative authority, this declaration shall not affect the validity or enforceability of the remaining terms and provisions hereof or the validity or enforceability of the offending term or provision in any other situation. To the extent possible the provision will be interpreted and enforced to the greatest extent legally permissible in order to effectuate the original intent, and if no such interpretation or enforcement is legally permissible, shall be deemed severed from the Terms.

User Agreement

These Terms define Your use of the growreach.app (the “Site”), our software indicated herein (“Software”) and any of our other products or services located on the Site or through the Software (together with the Site and the Software referred to herein as the “Services”) and constitute the agreement between you (“You”, “User”) and the GrowReach’s  parent company along with all our subsidiaries listed below and from here on referred to as “GrowReach”, “we” or “us”.

Your use of the Services is subject to your acceptance and compliance with these Terms. “Use” or “using” means to access, install, download, copy or otherwise benefit from using the functionality of the Software in accordance with the documentation. If you do not agree to these Terms, do not use the Services. Each time you access or use the Services, the current version of these Terms will apply. These Terms will always be available on the Site.

Your use of the Services is also subject to our Privacy Policy, available on the Site and incorporated into these Terms by reference; in addition, you agree to abide by our rules, policies, and procedures we may publish on the Services from time to time. We reserve the right at any time and without notice to change these Terms. If you have questions regarding these Terms, please contact us on support@growreach.app

THIS IS A LEGALLY BINDING AGREEMENT. IF YOU DO NOT UNDERSTAND THIS AGREEMENT, OR DO NOT AGREE TO BE BOUND BY IT OR THE PRIVACY POLICY REFERENCED HEREIN, YOU MUST IMMEDIATELY LEAVE THE SITE AND YOU ARE NOT AUTHORIZED TO ACCESS OR USE ANY OF THE SERVICES OR SOFTWARE. BY ACCESSING OR USING THE SITE, SERVICES AND/OR SOFTWARE, YOU CONFIRM THAT YOU ARE AT LEAST 18 YEARS OLD (OR IF YOU ARE BETWEEN 13 AND 17 YEARS OLD, INCLUSIVE, THAT YOU ARE USING THE SITE, SERVICES AND/OR SOFTWARE ONLY WITH THE APPROVAL OF YOUR PARENT OR GUARDIAN), THAT YOU ARE LEGALLY ABLE TO ENTER INTO THIS AGREEMENT, AND THAT YOU HAVE READ, UNDERSTAND AND AGREE TO BE BOUND BY THIS AGREEMENT.

SOFTWARE AND LICENSES

When used in these Terms, the following terms shall have the respective meanings indicated, such meanings to be applicable to both the singular and plural forms of the terms defined:

SOFTWARE

“Software” means all software code, application, our sites and all of its contents containing GrowReach Software with which these Terms are applicable, including and any upgrades, modified versions, updates, additions, and copies of the Software, if any, provided to You by Us now or in the future (collectively, “Updates”).

“Trial Version” means a version of the Software to be used only to review, demonstrate and evaluate the Software. For example, GrowReach’s basic plan’s Trial Version allows You to use the limited functionality allowed in the basic plan.

LICENSE

GrowReach as the licensor, grants You as the licensee, a non-exclusive right to use the Software under these Terms. The Software is protected by copyright laws and international copyright treaties, as well as other intellectual property laws and treaties. GrowReach reserves all rights not expressly granted to You. GrowReach retains the ownership of the copyright in and to the Software.

One person/entity is entitled to use not more than 10 (ten) licenses for the Software, except otherwise is agreed between such person and GrowReach.

In cases, when the Software is acquired on the subscription basis, the duration of the license shall be fixed by the subscription conditions.

PERMITTED USES AND RESTRICTIONS USES

Subject to your compliance with these Terms, we grant you a non-exclusive, limited, revocable, non-transferable license to use the Software solely as follows:

• The Trial may be used by you for the sole purpose of trying and evaluating the Software.
• Unauthorized copying of the Software is expressly forbidden.
• You may not rent, lease, or lend the Software to anyone.
• You may not permanently transfer all of your rights under these Terms, unless we are notified of and consent to the assignment and the assignee agrees to the terms of these Terms.
• We hold no responsibility of the results of using the Software acquired illegally or through an unauthorized distributor.
• Except as and only to the extent permitted in these Terms and by applicable law, you may not copy, adapt, translate, decompile, reverse engineer, disassemble, modify, or create derivative works of the
• Software or advertise the Software in any form.
• Without prejudice to any other rights, we may terminate these Terms if you fail to comply with the terms and conditions of these Terms or other documents, referred to herein. In such an event, you must destroy all copies of the Software.

TRANSFER

You may not assign, rent, lease, lend, sell, redistribute or sublicense this Software, except as provided herein or with our express consent and agreement. You may, however, make a one-time permanent transfer of all of Your license rights to the Software (in its original form as provided) to another party, provided We are notified of and approve the transfer and the assignee agrees to be bound by these Terms.

TRIAL

The Software requires the purchase of a Subscription or a permanent license.

We may offer you the Trial for the use of the Software. Availability of the Trial is not guaranteed. The Trial provides complete access to all features and functionality of the Software. You may activate the Trial only by providing your payment information and accepting that it will be converted into a Subscription/permanent license after the Trial ends. You may cancel your Subscription/permanent license access before the end of the Trial. In this case, you will still be able to use the Software before the Trial expires.

GENERAL TERMS

TERMINATION

These Terms are effective until terminated by You or by us.

Your rights under this License will terminate by us automatically without notice if You fail to comply with any provisions of these Terms and or otherwise fail to pay the fees and charges, if any, payable to us and associated with Your use of the Services.

Please, take a note that WE MAY SUSPEND, TERMINATE, MODIFY OR DELETE YOUR ACCOUNT AND/OR TERMINATE OR SUSPEND YOUR ACCESS TO THE SERVICES AT ANY TIME FOR ANY REASON OR WITHOUT ANY REASON, WITH OR WITHOUT NOTICE, WITHOUT ANY LIABILITY TO YOU WHATSOEVER. You acknowledge and agree that we are not required to notify You before suspending or terminating Your Account and/or Your access to the Services.

Upon the termination of these Terms You shall cease all use and destroy, remove or delete all copies, full or partial, of the Services on Your computer or device and otherwise in Your possession or control. Any term or condition of these Terms which by its plain meaning shall be and must be performed after termination, shall survive termination.

INDEMNIFICATION

You agree to indemnify and hold harmless us, our affiliates and our and their officers, directors, licensors, partners, licensees, consultants, contractors, agents, attorneys, employees, and third party service providers (collectively, the “Indemnitees”) from any and all claims, liabilities, costs and expenses, including reasonable attorneys’ fees (collectively, “Claim(s)”), that actually or allegedly result from Your information, use of the Services, or Your breach of these Terms. You agree to be solely responsible for defending any Claim against or suffered by any Indemnitee, subject to the relevant Indemnitee’s right to participate with counsel of its own choosing, and for payment of damages or losses resulting from all Claims against any Indemnitee provided that You will not agree to any settlement that imposes any obligation or liability on any Indemnitee without our prior express written consent.

WARRANTY DISCLAIMER

YOU EXPRESSLY AGREE THAT THE SERVICES ARE AVAILABLE ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, AND THAT YOUR USE THEREOF IS AT YOUR OWN RISK. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, WE DISCLAIM TO THE MAXIMUM EXTENT PERMITTED BY LAW ANY AND ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY (I) WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, (II) WARRANTIES AGAINST INFRINGEMENT OF ANY THIRD PARTY INTELLECTUAL PROPERTY OR PROPRIETARY RIGHTS, (III) WARRANTIES RELATING TO DELAYS, INTERRUPTIONS, ERRORS, OR OMISSIONS IN THE SERVICES, OR ANY PART THEREOF, (IV) WARRANTIES RELATING TO THE TRANSMISSION OR DELIVERY OF THE SERVICES, (V) WARRANTIES RELATING TO THE ACCURACY OR CORRECTNESS OF DATA, (VI) WARRANTIES RELATING TO COMPATIBILITY OF SERVICES WITH PARTICULAR OPERATION SYSTEMS AND THEIR UPDATES, AND ANY OTHER WARRANTIES OTHERWISE RELATING TO PERFORMANCE, NONPERFORMANCE, OR OTHER ACTS OR OMISSIONS BY US. FURTHER, AND WITHOUT LIMITING THE GENERALITY OF ANY OF THE FOREGOING, THERE IS NO WARRANTY THAT THE SERVICES WILL MEET YOUR NEEDS OR REQUIREMENTS OR THE NEEDS OR REQUIREMENTS OF ANY OTHER PERSON. IN ADDITION, YOU ACKNOWLEDGE AND AGREE THAT OUR WARRANTY DOES NOT COVER TELECOMMUNICATIONS OR INTERNET OUTAGES CAUSED BY THIRD PARTIES OR OTHERWISE OUTSIDE OF OUR CONTROL. THE SERVICES MAY BE LIMITED BY MANY FACTORS, INCLUDING INHERENT RISKS OF THE INTERNET.

LIMITATION OF LIABILITY

TO THE EXTENT NOT PROHIBITED BY APPLICABLE LAW, IN NO EVENT SHALL GROWREACH BE LIABLE TO YOU OR A THIRD PARTY FOR PERSONAL INJURY, OR ANY INCIDENTAL, SPECIAL, INDIRECT OR CONSEQUENTIAL DAMAGES WHATSOEVER. THIS INCLUDES, WITHOUT LIMITATION, DAMAGES FOR LOSS OF PROFITS, LOSS OF DATA OR INFORMATION, BUSINESS INTERRUPTION OR ANY OTHER COMMERCIAL DAMAGES OR LOSSES, ARISING OUT OF OR RELATED TO YOUR USE OR INABILITY TO USE THE SOFTWARE OR SERVICES OR ANY THIRD PARTY SOFTWARE OR APPLICATIONS IN CONJUNCTION WITH THE SOFTWARE HOWEVER CAUSED, REGARDLESS OF THE THEORY OF LIABILITY (CONTRACT, TORT OR OTHERWISE) AND EVEN IF GROWREACH HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OF LIABILITY FOR PERSONAL INJURY, OR OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THIS LIMITATION MAY NOT APPLY TO YOU. REGARDLESS, IN NO EVENT SHALL GROWREACH TOTAL LIABILITY TO YOU FOR ALL DAMAGES EXCEED THE AMOUNT OF ONE HUNDRED DOLLARS ($100.00). THE FOREGOING LIMITATIONS WILL APPLY EVEN IF THE ABOVE STATED REMEDY FAILS OF ITS ESSENTIAL PURPOSE.

INTELLECTUAL PROPERTY

You acknowledge that all the text, graphical user interface, images, logos, marks, compilations, data, artwork, computer code and other content displayed on Services or used by GrowReach to operate the Services (collectively, “Content”) including but not limited to the design, structure, selection, coordination, expression, “look and feel” and arrangement of such Content, contained on Services is proprietary to us.

The Services are protected by copyrights, trademarks, patents, trade secrets, and other intellectual property and proprietary rights (collectively, “Intellectual Property Rights”), and any unauthorized use of the same violates these Terms and may violate applicable law. Except as expressly provided herein, we do not grant You any express or implied right to use the Services. You agree not to copy, reproduce, republish, frame, download, transmit, modify, adapt, create derivative works based on, rent, lease, loan, sell, assign, display, perform, license, sublicense or reverse engineer, distribute in any way (including “mirroring”) to any other computer, server, web site or other medium for publication or distribution or for any commercial enterprise without our express prior written consent any of the Services and/or its Content. In addition, You agree not to take any action that may infringe on our Intellectual Property Rights.

GOVERNING LAW

These Terms will be governed by and construed in accordance with the laws of the State of California, excluding its conflict of law principles. These Terms shall not be governed by the United Nations Convention on Contracts for the International Sale of Goods, the application of which is expressly excluded. If for any reason a court of competent jurisdiction finds any provision, or portion thereof, to be unenforceable, the remainder of this License shall continue in full force and effect.

ARBITRATION

Except for actions to protect copyrights and to enforce an arbitrator’s decision hereunder, all disputes, controversies, or claims arising out of or relating to this Agreement or a breach thereof shall be submitted to and finally resolved by arbitration under the rules of the American Arbitration Association (“AAA”) then in effect. There shall be one arbitrator, and such arbitrator shall be chosen by mutual agreement of the parties in accordance with AAA rules. The arbitration shall take place in the location in California, USA or such other location in the USA determined by GrowReach in its sole discretion. The arbitrator shall apply the laws of the State of California, to all issues in dispute. The findings of the arbitrator shall be final and binding on the parties, and may be entered in any court of competent jurisdiction for enforcement. Notwithstanding the law of California legal fees shall be awarded to the prevailing party in the arbitration.

COMPLETE AGREEMENT AND SEVERABILITY

These Terms constitute the entire agreement between You and GrowReach relating to the use of the Services and supersedes all prior or contemporaneous understandings regarding such subject matter. No amendment to or modification of these Terms will be binding unless in writing and signed by GrowReach. The failure of either party to enforce any rights granted hereunder or to take action against the other party in the event of any breach hereunder shall not be deemed a waiver by that party as to subsequent enforcement of rights or subsequent actions in the event of future breaches. Any translation of these Terms is done for local requirements and in the event of a dispute between the English and any non-English versions, the English version of these Terms shall govern, to the extent not prohibited by local law in Your jurisdiction. If any term or provision of tese Terms is declared void or unenforceable in a particular situation, by any judicial or administrative authority, this declaration shall not affect the validity or enforceability of the remaining terms and provisions hereof or the validity or enforceability of the offending term or provision in any other situation. To the extent possible the provision will be interpreted and enforced to the greatest extent legally permissible in order to effectuate the original intent, and if no such interpretation or enforcement is legally permissible, shall be deemed severed from the Terms.