Terms of Service
Introduction
These Terms & Conditions (“Terms”) are entered into by and between Grovs, Inc. (“Grovs,” “we,” or “us”) and the entity or person accessing this website (“Website”) or placing an order for or accessing any Services made available by Grovs (“Customer,” “you,” or “your”). “Services” means the products and services made available online by Grovs, including “Beta Services” and other services that Grovs may make available from time to time.
Agreement Acceptance
By using the Services, you agree to be legally bound by these Terms. If you are entering this Agreement on behalf of an entity, you represent that you have the authority to bind such entity and its affiliates to this Agreement.
Definitions
“Affiliate” means any entity that controls, is controlled by, or is under common control with the subject entity.
“Agreement” means these Terms, any applicable Order Forms, and any amendments mutually agreed to by the Parties.
“Beta Services” means Grovs's services or functionality that are not generally available to customers and are designated as beta, pilot, or evaluation.
“Collection Technologies” means any technology used by Grovs to support the provision of the Services.
“Digital Properties” means your mobile applications, websites, and program code created by or for you that use the Services.
“Documentation” means the applicable Service's documentation and usage guidelines.
“Order Form” means an ordering document specifying the Services to be provided.
Service Access and Availability
Grovs will make the Services available to you for internal business needs pursuant to these Terms and the applicable Documentation.
Use Restrictions; Updates & Support
You must comply with all applicable laws and use the Services only as permitted under these Terms. Grovs will maintain, support, and update the Services as provided to its customers generally.
Beta Services
Beta Services are for evaluation purposes only and not for production use. Grovs may discontinue Beta Services at any time and will not be liable for any harm or damage arising out of their use.
Payment Terms
Fees: You will pay all fees specified in an Order Form.
Payments & Invoicing: Invoices will be sent via email, and you must pay the Fees upon receipt.
Payment by Credit Card: Credit card payments may incur transaction fees.
Payment Disputes: Disputes must be submitted in writing within 90 days.
Suspension or Cancellation: Grovs may suspend or cancel Services for overdue payments.
Taxes: Fees do not include any taxes, which you are responsible for paying.
Termination
Grovs may terminate this Agreement for material breach with a 30-day notice. All outstanding balances become immediately due upon termination.
Termination by Customer
You may terminate your access to and use of the Services at any time by providing written notice to Grovs. Such termination will be effective as of the last day of the calendar month in which your termination notice is received. Upon termination by you, all outstanding balances and any other unpaid payment obligations will become immediately due and payable in full.
Survival
Upon termination of the Agreement, certain sections of these Terms will survive, including but not limited to those on Termination, Privacy Policy & Data Rights, Confidential Information, Proprietary Rights, Limitation of Liability, and Legal Notices.
Privacy Policy & Data Rights
Privacy Policy: You agree to provide a compliant privacy policy to your end users, detailing your privacy practices including use of cookies and data handling. Grovs's Privacy Policy does not cover your Digital Properties.
Data Analytics: Grovs may collect and process data from your Digital Properties as outlined in its Privacy Policy to optimize the Services.
Data Security: Grovs will implement safeguards to protect information, although absolute security cannot be guaranteed.
Compliance with Applicable Law: You must comply with all relevant laws, including GDPR and CCPA, regarding data collection, consent, and transfer. You agree not to share sensitive or personally identifiable information (PII) with Grovs unless legally permitted.
Disclaimer
Except as expressly provided in the Agreement, the Services and the Documentation are provided on an “as is” basis, without representation or warranty of any kind. Grovs explicitly disclaims all warranties, including but not limited to warranties of merchantability, fitness for a particular purpose, quiet enjoyment, non-infringement, and any warranties arising out of course of dealing, course of performance, or usage of trade. Some jurisdictions do not allow the exclusion of certain warranties under certain circumstances, so the above limitations may not apply to you to the extent prohibited by applicable law.
Limitation of Liability
Grovs, its suppliers, and licensors will not be liable for any indirect, incidental, special, punitive, consequential, or exemplary damages, including but not limited to damages for loss of profits, loss of revenue, goodwill, use, data that is incomplete, missing, or incorrect, or other intangible losses, even if Grovs has been advised of the possibility of such damages, resulting from this Agreement.
Under no circumstances will the total aggregate liability of Grovs and its suppliers and licensors resulting from this Agreement exceed the amounts, if any, that you have paid or agreed to pay to Grovs for use of the Services in the twelve (12) month period prior to the event giving rise to the claim. Some jurisdictions do not allow the exclusion or limitation of liability for incidental or consequential damages, so the above limitation may not apply to you to the extent prohibited by applicable law.