Terms of Service
The following terms and conditions govern all use of the Growlytics website and all content, services and products available from Growlytics (taken together, the Service).
The Service is owned and operated by Growlytics Technologies Pvt Ltd (“Growlytics”).
Please read this Agreement carefully before accessing or using the Service. By accessing or using any part of the Site or the Service, you agree to become bound by the terms and conditions of this agreement. If you do not agree to all the terms and conditions of this Agreement, then you may not access the Service. If these terms and conditions are considered an offer by Growlytics, acceptance is expressly limited to these terms. If you are accessing and using the Service on behalf of a company (such as your employer) or other legal entity, you represent and warrant that you have the authority to bind that company or other legal entity to this Agreement. In that case, “you” and “your” will refer to that company or other legal entity.
1. Your Growlytics Account
- You must be 13 years or older to use this Service.
- You are responsible for maintaining the security of your Account and password.
- You must immediately notify Growlytics of any unauthorized uses of your Account or any other breaches of security. Growlytics will not be liable for any acts or omissions by You, including any damages of any kind incurred as a result of such acts or omissions.
- You are fully responsible for all activities that occur under the Account and any other actions taken in connection with the Account.
- One person or legal entity may not maintain more than one Free Account.
2. Payment and Renewal
- Paid Plans are available on the Service. By selecting a Paid Plan you agree to pay Growlytics the monthly or annual subscription fees (“Subscription”), as well as any additional usage charges (“Usage”) indicated for that service.
- Payments will be automatically charged at the start of each billing period, unless otherwise agreed in writing.
- All paid plans must provide valid credit card details, unless alternative payment methods have been agreed in writing.
- All fees are exclusive of all taxes, levies, or duties imposed by taxing authorities, and you shall be responsible for payment of all such taxes, levies, or duties.
- Downgrading your Service may cause the loss of content, features, or capacity of your Account. Growlytics does not accept any liability for such loss.
- Unless you notify Growlytics before the end of the applicable subscription period that you want to cancel a Paid Plan, your Paid Plan subscription will automatically renew and you authorize us to collect the then-applicable subscription fee using any credit card or other payment mechanism we have on record for you.
- Paid Plans can be canceled at any time in the “Billing” section of your Account’s dashboard. You will still be responsible for the payment of any Usage fees or charges incurred prior to the cancellation of service, as well as any Subscription fees owed.
3. Usage, Budgets and Rate-Limits
- Most plans limit the number of users (“Collaborators” or “Seats”) who can use Growlytics.
- A Collaborator is defined as any person who wishes to use the Growlytics dashboard or receive email notifications from Growlytics.
- Each Collaborator must maintain their own Growlytics user account, with their own access credentials.
- Some plans (including the Solo plan) limit the number of exceptions and sessions (“Usage”) which will be stored by Growlytics.
- Exceeding the stated usage limit while on a Free Trial will cause Events to be discarded.
- Growlytics will automatically measure and report your Usage for each billing period.
- Some plans are billed based on alternative usage metrics, including Monthly Active Unique Users (“MAU”).
- It is expressly forbidden to tamper with, disable or modify any Growlytics Usage tracking mechanisms.
4. Intellectual Property
- This Agreement does not transfer from Growlytics to you any Growlytics or third party intellectual property, and all right, title and interest in and to such property will remain solely with Growlytics.
- Growlytics, the Growlytics logo, and all other trademarks, service marks, graphics and logos used in connection with the Service are trademarks or registered trademarks of Growlytics or Growlytics’s licensors.
- Other trademarks, service marks, graphics and logos used in connection with the Service may be the trademarks of other third parties. Your use of the Service grants you no right or license to reproduce or otherwise use any Growlytics or third-party trademarks.
- We claim no intellectual property rights over the material you provide to the Service. Your profile and materials uploaded remain yours.
- By using Growlytics, you agree to allow us to use your name and/or logo in marketing materials about Growlytics. You can opt-out of this at any time by emailing us at firstname.lastname@example.org.
- Growlytics reserves the right, at its sole discretion, to modify or replace any part of this Agreement or the Service.
- It is your responsibility to check this Agreement periodically for changes. Your continued use of or access to the Service following the posting of any changes to this Agreement constitutes acceptance of those changes.
- Growlytics may also, in the future, offer new services and/or features through the Service (including, the release of new tools and resources). Such new features and/or services shall be subject to the terms and conditions of this Agreement.
- Growlytics reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Service (or any part thereof) with or without notice.
- Prices of all Services, including but not limited to monthly subscription fees to the Service, are subject to change upon 30 days notice from us. Such notice may be provided at any time by posting the changes to the Site or by contacting you by email.
- Growlytics may terminate your access to all or any part of the Service at any time, with or without cause, with or without notice, effective immediately. Growlytics will make a reasonable attempt via email to warn the Account owner prior to termination.
- Termination of Service may result in the deactivation or deletion of your Account or your access to your Account, and the forfeiture and relinquishment of all Content in your Account.
- If you wish to terminate this Agreement or your Growlytics Account (if you have one), you may simply discontinue using the Service. All provisions of this Agreement which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.
- You can delete your Account at any time by clicking “Delete Account” on your “Account Settings” page in your dashboard. You will still be responsible for the payment of any Usage fees or charges incurred prior to the cancellation of service, as well as any Subscription fees owed.
- Growlytics shall not be liable to you, or to any third party, for any modification, price change, suspension or discontinuance of the Service.
- The Service is provided “as is”. Growlytics and its suppliers and licensors hereby disclaim all warranties of any kind, express or implied, including, without limitation, the warranties of merchantability, fitness for a particular purpose and non-infringement.
- Neither Growlytics nor its suppliers and licensors, makes any warranty that the Service will be error free or that access thereto will be continuous or uninterrupted.
- You understand that you download from, or otherwise obtain content or services through, the Service at your own discretion and risk.
8. Limitation Of Liability
In no event will Growlytics, or its suppliers or licensors, be liable with respect to any subject matter of this Agreement under any contract, negligence, strict liability or other legal or equitable theory for: (i) any special, incidental or consequential damages; (ii) the cost of procurement for substitute products or services; (iii) for interruption of use or loss or corruption of data; or (iv) for any amounts that exceed the fees paid by you to Growlytics under this Agreement during the twelve (12) month period prior to the cause of action. Growlytics shall have no liability for any failure or delay due to matters beyond their reasonable control. The foregoing shall not apply to the extent prohibited by applicable law.
9. General Representation and Warranty
You agree to indemnify and hold harmless Growlytics, its contractors, and its licensors, and their respective directors, officers, employees and agents from and against any and all claims and expenses, including attorneys’ fees, arising out of your use of the Service, including but not limited to your violation of this Agreement.