These Terms of Service ("Terms") govern your access to and use of the GrowMoe platform and marketing site (the "Service"), provided by GrowMoe, LLC ("GrowMoe", "we", "us"). By installing, accessing, or using the Service, you agree to these Terms.
1. The Service
GrowMoe is a B2B sales, support, quoting, and customer-management platform that runs on and integrates with Shopify. Features available to you depend on your plan and entitlements.
2. Accounts & eligibility
- You must be at least 18 and able to form a binding contract.
- You are responsible for your account credentials and for activity under your account.
- You must provide accurate information and keep it current.
3. Acceptable use
You agree not to:
- use the Service unlawfully or to infringe others' rights;
- attempt to breach security, isolation, or rate limits, or access other organisations' data;
- reverse engineer or resell the Service except as permitted by law;
- upload malware or send unlawful, deceptive, or unsolicited messages.
4. Customer data & Shopify
When you use GrowMoe as a Shopify merchant, you are the controller of your customers' personal data and GrowMoe processes it on your behalf under ourPrivacy Policy and applicable data-processing terms. You are responsible for having a lawful basis and the necessary consents for the data you bring into the Service, and for honouring your customers' privacy rights. Shopify remains the system of record for commerce data.
5. Fees & billing
Paid plans and add-ons are billed through the applicable billing rail (e.g. Shopify Billing). Card data is handled by the billing provider; we store only references, never full card numbers. Fees are non-refundable except where required by law.
6. Intellectual property
We retain all rights in the Service. You retain all rights in your data. You grant us a limited licence to process your data solely to provide and support the Service.
7. Third-party services
The Service interoperates with third parties (e.g. Shopify and the sub-processors listed in our Privacy Policy). Their terms govern their services; we are not responsible for them.
8. Disclaimers
The Service is provided "as is" and "as available" without warranties of any kind to the maximum extent permitted by law. We do not warrant that the Service will be uninterrupted or error-free.
9. Limitation of liability
To the maximum extent permitted by law, neither party is liable for indirect, incidental, or consequential damages, and our aggregate liability is limited to the total fees you paid for the Service in the 12 months before the event giving rise to the claim.
10. Term & termination
You may stop using the Service at any time by uninstalling the app. We may suspend or terminate access for breach of these Terms or to comply with law. On uninstall, PII-classified fields are scrubbed promptly and your organisation's full data is deleted after a 30-day grace period, subject to legal retention requirements.
11. Changes to these Terms
We may update these Terms; material changes will be posted here with an updated date. Continued use after changes take effect constitutes acceptance.
12. Governing law & disputes
These Terms are governed by the laws of the State of Delaware, USA, without regard to its conflict-of-laws rules.
Talk to us first. Before either party starts a formal proceeding, the party with the complaint will email the other and allow 30 days to resolve it informally.
Binding individual arbitration. If that fails, you and GrowMoe agree that any dispute arising out of or relating to these Terms or the Service will be resolved by binding arbitration on an individual basis, not in court. Arbitration is administered by the American Arbitration Association under its Commercial Arbitration Rules, before a single arbitrator, seated in Delaware, and the award may be entered as a judgment in any court with jurisdiction. This binds us exactly as it binds you.
These are carved out of arbitration:
- Individual claims that qualify for small claims court.
- Claims for an injunction or other equitable relief over intellectual property or breach of confidentiality, which either party may bring directly in court.
- Claims about the processing of a merchant's customer personal data. AData Processing Addendum is available on request and in progress pending legal review; once in effect, it and any Standard Contractual Clauses it incorporates govern that processing and the forums those instruments require. Nothing here removes a data subject's right to bring a claim or complaint where data protection law allows it.
Class action and jury waivers. Claims may be brought only in an individual capacity, not as part of any class, collective, consolidated, or representative proceeding, and the arbitrator may not consolidate claims. If this waiver is held unenforceable for a particular claim, that claim alone is severed from arbitration and heard in the Delaware courts; the rest of this section survives. Where a dispute does proceed in court under a carve-out above, both parties waive any right to a jury trial to the extent the law allows.
Courts for anything not arbitrated. The state and federal courts located in Delaware have exclusive jurisdiction, and both parties consent to venue there.
You can opt out. You may reject this arbitration agreement by emailing[email protected] within 30 days of first accepting these Terms, stating your store domain. Opting out costs nothing, changes nothing else in these Terms, and will not affect your service. If you opt out, disputes go to the Delaware courts above.
13. Contact
GrowMoe, LLC
Legal enquiries: [email protected].