Introduction
These general terms and conditions (the "Agreement") govern the use of the SaaS platform growth(writer) (the "Service") provided by growth(writer) ("growth(writer)", "we"). By accessing or using the Service, you agree to be bound by this Agreement. If you do not accept these terms, you may not access or use the Service.
1. Definitions
In this Agreement, the following terms have the meanings defined below:
"Content" means all data, texts, images, sounds, videos, or other materials available on the Service.
"Client" or "you" means the entity or individual that has subscribed to the Service from growth(writer).
"Account" means an account created on the Platform.
"Platform" means the growth(writer) cloud solution, including all its features, APIs, and documentation, based on artificial intelligence.
"Order Form" means the document or online form used to order a Subscription to the Service.
"User" means any person accessing the Service on behalf of the Client.
"Subscriptions" means the various offers that allow access to the Platform's Services.
2. Use of the Service
2.1 Services. We provide the Client access to our Platform via a subscription. Subscription plans vary based on the features offered, the fees applied, and the frequency of payments. These plans are described on our pricing page.
2.2 Subscription. Access to the Platform requires a paid subscription. The available features may evolve over time. The complete list of features by plan is available on our pricing page.
2.3 License Grant. growth(writer) grants the Client a non-exclusive, non-transferable license to access and use the Service for internal purposes.
2.4 User Accounts. Each User must have a personal account. The Client is responsible for ensuring compliance with this Agreement by its Users.
2.5 Client Data. The Client retains ownership of all data it uploads to the Platform. growth(writer) will use this data solely to provide the Service.
2.6 Restrictions. The Client agrees not to (a) copy or modify the Service; (b) attempt to decompile or reverse engineer the Service; (c) distribute or assign the Service to third parties; (d) use the Service unlawfully; or (e) host illegal content via the Service.
2.7 Content Restrictions. The Client must ensure that any content uploaded complies with the law. growth(writer) reserves the right to modify or remove any non-compliant content.
3. Fees and Payment
3.1 Fees. The Client will pay to growth(writer) the fees stipulated in the Order Form corresponding to the Subscription.
3.2 Payment. All payments are due in advance before each billing cycle.
3.3 Taxes. The fees do not include applicable taxes, which are the responsibility of the Client.
3.4 Non-cancelable and Non-refundable. Payments are neither cancellable nor refundable, but the Client retains access to the Service until the end of the paid period.
4. Intellectual Property
4.1 Service. All intellectual property rights related to the Service belong to growth(writer) or its licensors.
4.2 Customer Data. The Customer retains all rights to its Data. It grants growth(writer) a non-exclusive license to use it solely to provide the Service.
4.3 Trademarks. The Customer agrees not to use the trademarks of growth(writer) without prior written permission.
4.4 Feedback. growth(writer) may use the feedback provided by the Customer without any obligation for compensation.
5. Privacy
5.1 Definition. "Confidential Information" means any information designated as confidential or that should reasonably be considered as such.
5.2 Protection. Each party agrees to protect the Confidential Information of the other party and to use it only to carry out this Agreement.
6. Duration and Termination
6.1 Duration. This Agreement is effective for the duration of the Subscription specified in the Order Form.
6.2 Termination for Cause. Either party may terminate this Agreement in the event of a material breach by the other party that is not resolved within 30 days after notice.
Exclusion of Warranties
Growth(writer) is not responsible for support in case of unauthorized modifications to the Service or negligent use by the Client.
Limitation of Liability
Growth(writer) shall not be liable for any indirect or consequential damages arising from this Agreement. The total liability of Growth(writer) is limited to the fees paid by the Client in the 30 days preceding the incident.
Governing Law and Jurisdiction
This Agreement is governed by the laws of Luxembourg. The parties agree to the exclusive jurisdiction of the courts of Luxembourg for any dispute related to this Agreement.