Terms of Use

Welcome to GrowHappy! These Terms of Use (“Terms”) apply to your access and use of our websites, services, apps, and products that you purchase or sign up for on growhappy.me (collectively, the “Services”). These Terms constitute a written contract between you (“you,” “your,” or “user”) and GrowHappy, a Delaware company, (“Company,” “we,” “our,” or “us”). In addition to these Terms, your use of the Services is governed also by our Privacy Policy, the Data Processing Agreement, and potentially the Standard Contractual Clauses for data transfer where applicable.

Company offers its website growhappy.me (the “Site“) and Services to you conditioned upon your acceptance of these Terms. If you do not understand these Terms or do not agree to be bound by the Terms you may not access or use our Services, and you must immediately cease accessing or using the Services.

You agree to these Terms by starting to use the Services. Moreover, by creating an Account with us (as defined hereunder in section 4, (B)), purchasing a Service, or accessing or using any of our Services or/and application program interfaces (the “API“), you acknowledge and agree that you are indicating that you have read, understand, and agree to be bound by the terms of these Terms. YOU HAVE NO RIGHT TO ACCESS OR USE OUR SERVICES IF YOU DO NOT AGREE TO THESE TERMS.

AS DESCRIBED IN SECTION 3 BELOW, THESE TERMS CONTAIN AN ARBITRATION PROVISION AND A WAIVER OF CLASS ACTIONS. YOU AGREE THAT ANY DISPUTE OR DISPUTES BETWEEN YOU AND US WILL BE RESOLVED BY BINDING, INDIVIDUAL ARBITRATION, AND YOU ARE WAIVING YOUR RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS ACTION OR REPRESENTATIVE PROCEEDING.

1. PRIVACY POLICY

We take your privacy very seriously. Our Privacy Policy explains how we collect information from you and how we may use and share that information (including personal data within the meaning of applicable privacy laws like GDPR). For information about how we collect, use, share, or otherwise process your personal data and your use of the Services, please see our Privacy Policy. With respect to your data protection obligations please review also section 6 hereunder.

2. ELIGIBILITY

You must be at least eighteen (18) years old to create an Account and use our Services. If you are agreeing to these Terms on behalf of an organization or entity, you represent and warrant that you are authorized to agree to these Terms on that organization or entity’s behalf and bind them to these Terms. In such case, “you” and “your” will refer to that organization.

3. DISPUTE RESOLUTION

(A) Informal Dispute Resolution

Company’s customer service team can address the majority of any concerns or disputes you may have about your use of the Services. Please contact us by email at: [email protected]

If customer service is unable to resolve any concern or dispute (collectively, “Claim”), you agree to first try to resolve the Claim informally and in good faith by providing a written Notice of Claim electronically to [email protected].

The Notice of Claim must provide Company with reasonable notice of your identity, a description of the nature and basis of your Claim, and the relief you are seeking, including the specific amount of any monetary relief you are seeking on an individual basis.

If your Claim is not resolved within 60 days of receipt, any resulting legal actions must be resolved through binding arbitration, including any dispute about whether arbitration is required for the dispute, subject to the exceptions set forth below. Neither party shall initiate legal action until 60 days after the Notice of Claim is received.

This section governs any dispute between you and us, and how that dispute will be legally resolved if necessary. Remember, these dispute resolution provisions only apply to disputes between Company and you.

(B) Governing Law and Location

These Terms shall be exclusively governed by and construed in accordance with the laws of the State of Delaware, United States of America, without regard to its conflict of law principles, provided that the arbitration provision shall be governed by the United States of America Federal Arbitration Act and federal arbitration law.

(C) Arbitration

Any Claim, including, but not limited to, any dispute, controversy, or claim arising out of or relating to this contract, including the formation, interpretation, breach, or termination thereof, including whether the claims asserted are arbitrable, will be referred to and finally determined by arbitration in accordance with the JAMS International Arbitration Rules. The Tribunal will consist of one arbitrator. If the parties cannot agree on the sole arbitrator within 7 days of the commencement of the arbitration, then JAMS shall designate the sole arbitrator.

The place of arbitration will be Newark, DE, USA. Judgment upon the award rendered by the arbitrator(s) may be entered in any court having jurisdiction thereof.

Please note that, depending on your country of residence, under certain circumstances, you may be able to bring a dispute before the appropriate authorities or courts in the country in which you reside.

For US Residents, any disputes under these Terms will be resolved on an individual basis through binding arbitration, with no class relief.

Deadlines for Completion of Arbitration and Interim Phases:

The following time limits are to apply to any arbitration arising out of or related to these Terms:

• Discovery is to be completed within 90 days of the service of the arbitration demand.
• The evidentiary hearing on the merits (“Hearing”) is to commence within 120 days of the service of the arbitration demand.
• At the Hearing, each side is to be allotted 2 days for presentation of direct evidence and for cross-examination.
• A brief, reasoned award is to be rendered within 45 days of the close of the Hearing or within 45 days of service of post-hearing briefs if the arbitrator(s) direct the service of such briefs.

The arbitrator must agree to the foregoing deadlines before accepting appointment. Failure to meet any of the foregoing deadlines will not render the award invalid, unenforceable, or subject to being vacated. The arbitrator, however, may impose appropriate sanctions and draw appropriate adverse inferences against the party primarily responsible for the failure to meet any such deadlines.

By agreeing to arbitration, each party waives its right to sue in court or to have a jury trial.

The language of the arbitration shall be in English.

The United States of America Federal Arbitration Act governs the interpretation and enforcement of these Terms to arbitrate.

Confidentiality

The parties shall maintain the confidential nature of the arbitration proceeding and the award, including the Hearing, except as may be necessary to prepare for or conduct the arbitration hearing on the merits, or except as may be necessary in connection with a court application for a preliminary remedy, a judicial challenge to an award or its enforcement, or unless otherwise required by law or judicial decision.

(D) No Class Actions

You and Company agree to resolve disputes with us on an individual basis in arbitration. You agree that any arbitration or other legal action shall be limited to the two of us as parties, and any joinder of other parties is not allowed. This means that you cannot participate in any sort of representative proceeding against Company, including, but not limited to, as a plaintiff or class member in any purported class action.

If any portion of this class action waiver is deemed unenforceable or invalid as to a particular remedy, then that remedy (and only that remedy) must be severed from the arbitration and may be sought in court.

(E) Court Action to Assist Arbitration

Even though we are agreeing to arbitration, you and Company are both allowed to seek relief from a Court of Competent Jurisdiction in aid of arbitration.

For example, a court proceeding would be allowed to stay a court action, compel arbitration, confirm an arbitration award, or seek injunctive relief whether temporary or permanent.

4. YOUR USE OF THE SERVICE

(A) License to Use the Services

Subject to your compliance with these Terms and applicable laws, Company grants you a non-exclusive, non-sublicensable, revocable, non-transferable limited license to access and use the Services. This license allows you to use the Services, but it does not allow you to reproduce, duplicate, copy, modify, sell, or otherwise exploit any portion of the Services without the prior express written consent of Company. All rights not expressly granted in these Terms are reserved by Company.

(B) Your Account

To access certain parts of the Services, you will need to register and create an account (your “Account”). You represent and warrant that all information you provide in connection with your Account and your use of the Services is current, complete, and accurate, and that you will update that information as necessary. You further represent and warrant that you are not impersonating any person or entity through your Account or misleading others as to your affiliation with any person or entity. You are responsible for maintaining the confidentiality of your Account credentials, including your username and password. You agree to notify Company immediately of any unauthorized use of your Account. If we suspect, in our sole discretion, that there has been a breach of your Account security, we reserve the right to refuse access to the Services, terminate your Account, delete information from the Account (including Content, as defined hereunder), suspend or terminate your right to use the Services or take such other action as we deem necessary. Further, we may close your Account and/or delete the data on it if there is no activity on it for a period of more than 33 days, if you do not have a subscription with us or if you have used only (part of) our free services.

(C) Use of Your Test Reports

Content Ownership: As between you and Company, you retain intellectual property rights or other proprietary rights associated with your test reports.

License for Service Provision: To provide you with personalized insights and features within the Services, you grant us a limited, non-exclusive, worldwide, royalty-free license to use, process, and analyze your test reports internally. This includes sharing your test report data with our internal AI system, referred to as 'Happy AI', solely for the purpose of generating personalized feedback, analysis, or other features directly related to the Service provided to you. Your test report data will not be publicly displayed, sold, shared with third parties (except as necessary for service provision outlined in our Privacy Policy), or used for advertising purposes. Furthermore, the data shared with Happy AI is not used for training the AI models.

Responsibility for Your Data: You are solely responsible for the accuracy and content of the information you provide through the tests. You agree to defend, indemnify, and hold harmless Company from and against any and all claims, actions, demands, causes of action, and other proceedings including but not limited to legal costs and attorneys’ fees, arising out of or relating to the data you provide.

Data Management: We have the right, in our sole and absolute discretion, to manage or delete your test report data as necessary for the operation of the Service, for compliance with these Terms, or as required by law, without notice. We have no obligation to monitor your data but reserve the right to do so if needed to ensure compliance with these Terms or applicable laws.

Reviews and Comments: With respect to any separate reviews or comments provided by you to Company (distinct from test report data), you represent and warrant that such reviews or comments are true and accurately represent your experience as a bona fide customer. These may be used as described in our Privacy Policy.

(D) Restrictions on the Services

We impose certain restrictions on your use of the Services, and you agree to not:

5. FEES AND SUBSCRIPTION PLANS

(A) Payment of Fees

You may be required to purchase or pay a fee to access our Services. You agree to pay Company all fees (“Fees”) associated with your use of the Services, as indicated to you at the time you agree to such Fees (such as through the Subscription, as defined hereunder, and during the checkout process). You agree to provide current, complete, and accurate purchase and account information for all purchases made. You further agree to promptly update Account and payment information, including email address, payment method, and payment card expiration date, so that we can complete your transactions and contact you as needed. We bill you through an online billing account for purchases made via growhappy.me. Plans and prices may be charged in US dollars or local currencies, so exact charges may vary based on location.

You agree to pay all charges or fees at the prices then in effect for your purchases, and you authorize us to charge your chosen payment provider for any such amounts upon making your purchase. If your purchase is subject to recurring charges, then you consent to our charging your payment method on a recurring basis without requiring your prior approval for each recurring charge, until you notify us of your cancellation.

We reserve the right to correct any errors or mistakes in pricing, even if we have already requested or received payment. We also reserve the right to refuse any order placed through the Services.

(B) Subscriptions

Company offers certain Services on a subscription basis. If you enroll in one of our subscription plans (your “Subscription”), you will be billed according to the terms of the Subscription (the “Subscription Terms”) as displayed to you at the time you enroll. You can learn more about our subscription services on the Site.

(C) Timing of Subscription Payments

At the time you enroll in your Subscription, you will be required to provide payment information to pay for the Fees associated with your Subscription. If you choose to enroll in a Subscription, you understand and agree that your payment method on file will be charged Fees for additional Subscription periods (e.g., monthly), as disclosed to you when you enroll, without obtaining further permission or confirmation from you. In other words, your Subscription renews automatically unless canceled in advance of the next payment period by you. Please pay attention to the Fees and Subscription Terms disclosed to you during the order process for your Subscription. We may find it necessary to change the Fees in effect for a Subscription and reserve the right to do so at our sole discretion. We will not increase Fees for your Subscription without prior notice to you that is sufficient to afford you an opportunity to cancel your Subscription before incurring the increased fees.

(D) Trial Memberships

Company may offer new users a one-time trial plan (“Trial Plan”) for a certain fee to unlock their personality report after completing the chosen test. Your Trial Plan must be used within the specified time (e.g., 7 days after receipt of test reports). You must cancel your Trial Plan before the end of the promotional period to avoid being charged regular Fees for the next billing period.

(F) Refund Policy

We offer a 7-day trial period (equivalent to 168 hours) starting precisely at the moment of your initial payment. For instance, if you sign up at 1:12 PM CET on May 1, your trial concludes exactly 168 hours later at 1:12 PM CET on May 8. To be eligible for a refund under our trial guarantee, you must cancel your subscription and request the refund before this 168-hour period concludes. Requests submitted at or after the moment the trial period ends cannot be processed for a refund, as the subscription automatically transitions to a paid plan at that point.

Refunds are not issued once a subscription has renewed or after the trial period ends, except where required by law. You can cancel your subscription at any time directly from our website — there is no need to email us to stop future billing. This can be done without logging in by clicking Cancel subscription, which is also prominently displayed in the footer of our website. However, if you believe you are still within the trial window and would like to request a refund based on our satisfaction guarantee, you may email us at [email protected].

All refund requests are reviewed on a case-by-case basis and handled in accordance with our policies and applicable regulations.

Waiver of EU Right of Withdrawal: If you are a consumer based in the European Union, you acknowledge that our Services constitute digital content and services provided immediately upon conclusion of the contract (i.e., upon your purchase). By purchasing our Services, you expressly consent to the immediate performance of the contract and acknowledge that you thereby lose your statutory right of withdrawal under the Consumer Rights Directive (2011/83/EU) or similar applicable consumer protection laws.

6. DATA PROTECTION

You expressly acknowledge and agree that it is your responsibility to comply with any and all privacy and data protection laws that may come into effect from time to time, regulations and terms applicable to any personal data provided by you for the purposes of the Service regardless of the country/state in which you are based. This includes but is not limited to, complying with any applicable privacy policies and cookie policies.

We may collect and process personal data regarding you in connection with the Services. Such processing is described in our Privacy Policy.

7. MODIFICATIONS

We may find it necessary to revise these Terms and our Privacy Policy from time to time to better reflect changes to the law, new regulatory requirements, or improvements or enhancements made to our Services.

If we decide to modify these Terms, we will post the modification on our Site and update the date of last update at the bottom of these Terms and provide you with notice of the modification on our Site. Any change to these Terms will be effective as of the date of last update. By continuing to access or use the Services after such date, you agree to be bound by the modified Terms. If the modified Terms are not acceptable to you then you have to cease using the Services.

If you don’t agree to the updates we make, please cancel your Account and stop using the Services before the updated Terms become effective. By continuing to use or access the Services after the updates come into effect, you agree to be bound by the revised Terms.

8. THIRD PARTY WEBSITES

growhappy.me and/or the Services may link to and reference the websites and content of third parties (“Third Party Websites”), some of whom may have established relationships with Company and some of whom may not. Company does not have control over the content or performance of Third-Party Websites. Company has not reviewed and cannot control all Third-Party Websites. Accordingly, Company does not represent, warrant, or endorse any Third-Party Websites, or the accuracy, currency, content, fitness, lawfulness, or quality of the information, material, goods, or services available through the Third-Party Websites. Company disclaims, and you agree to assume all responsibility and liability for any damages or other harm, whether to you or to third parties, resulting from your use of Third-Party Websites.

9. INTELLECTUAL PROPERTY

GrowHappy, the GrowHappy logo, the growhappy.me website and domain, any other Company owned website domain(s), and all content and other materials available through the Services (collectively, the “Company IP”), exclusive of user content, are the trademarks, copyrights, and intellectual property of and owned by Company or its licensors and suppliers. Except as expressly provided in these Terms, neither your use of the Services nor these Terms grant you any right, title, or interest in, or any license to reproduce or otherwise use, the Company IP. You agree that any goodwill in the Company IP generated as a result of your use of the Services will inure to the benefit of Company, and you assign all such goodwill to Company. You shall not at any time challenge Company’s right, title, or interest in, or the validity of, the Company IP.

10. CUSTOMER SERVICE

Company has a customer support team to assist with any issues regarding growhappy.me or the Services. We encourage you to seek resolution of any issues by first contacting customer support at [email protected]. Before beginning any arbitration, users should first contact Company to try to reach a resolution. Complaints received regarding the Services will be handled within a reasonable time of receipt of the notice.

11. TERM AND TERMINATION

These Terms shall commence on the date you have started to use our Services and remain in effect until terminated in accordance with this section. Provided, however, that if you purchased a paid account, these Terms will continue for the duration of the term selected by you, based on your Subscription Terms, unless otherwise terminated as permitted herein. If your paid account is set to automatically renew, your account will thereafter automatically renew for additional terms of the same length as initially set by you, or to the extent a shorter or a longer renewal term is required by law.

Either party may terminate these Terms at any time. Company may also unilaterally and immediately terminate these Terms, your Account, and your use of the Services at any time without notice, including for suspected violation of these Terms or any applicable law, or discontinuation of the Services. If a user deletes his/hers account, this also counts as termination of the Terms with us. Upon termination of these Terms, all applicable rights and access granted to you herein will automatically terminate and you will cease any further use of the Services. However, all payment obligations outstanding at the time of termination as well as all sections of these Terms which by its nature would survive its termination (e.g., Sections 3, 4(C) (Indemnification part), 5 (outstanding fees), 6, 8, 9, and 11-16) shall survive the termination of these Terms. Users will not receive a (partial) refund or reimbursement of any fees already paid for Subscription/s upon termination initiated by Company for cause or initiated by the user.

12. INDEMNIFICATION

In addition to the indemnity terms contained in section 4(C), the following indemnification terms apply. To the maximum extent permitted by law, you agree to indemnify, defend (with counsel reasonably acceptable to us), and hold harmless Company and its owners, officers, directors, employees agents, affiliates, consultants, representatives, sub-licensees, successors, and assigns from any and all claims, actions, damages, obligations, losses, liabilities, costs or debt, and expenses (including attorney’s fees), resulting from or arising out of a) your use of or access to the Services, including your Account, or b) your violation of these Terms or any applicable law.

13. ASSUMPTION OF RISK, LIMITATION OF LIABILITY, AND DISCLAIMERS

Assumption of Risk

You knowingly and freely assume all risk when using the Services. You, on behalf of yourself, your personal representatives, and your heirs, voluntarily agree to release, waive, discharge, hold harmless, defend, and indemnify Company and its parents, subsidiaries, affiliated companies, employees, agents, officers, owners, directors, successors, and assigns (who shall be third-party beneficiaries of this provision) from any and all claims, actions, or losses for bodily injury, property damage, wrongful death, emotional distress, loss of privacy, or other damages or harm, whether to you or to third parties, that may result from your access to or use of the Services.

Disclaimer (Nature of Information)

The Services do not offer professional or definitively accurate advice or opinions regarding personality, well-being, or related topics. The information and opinions provided are for entertainment and educational purposes only and should not replace professional advice (e.g., from licensed therapists, counselors, or medical professionals). Therefore, before making any decisions based on your scores or reports, we recommend consulting with appropriate qualified professionals. We do not provide any professional advice or guarantees regarding outcomes based on the use of our Services. ANY USE OR RELIANCE ON INFORMATION FOUND ON THE SITE IS AT YOUR OWN RISK.

CERTAIN FEATURES OF OUR SERVICES UTILIZE ARTIFICIAL INTELLIGENCE (AI) TECHNOLOGY. YOU ACKNOWLEDGE AND AGREE THAT: (1) AI-GENERATED CONTENT IS CREATED BY AUTOMATED SYSTEMS BASED ON PATTERNS IN TRAINING DATA AND NOT HUMAN JUDGMENT; (2) AI RESPONSES MAY CONTAIN INACCURACIES, ERRORS, OR INAPPROPRIATE CONTENT DESPITE OUR EFFORTS TO MINIMIZE SUCH OCCURRENCES; (3) AI SYSTEMS MAY REFLECT OR AMPLIFY BIASES PRESENT IN THEIR TRAINING DATA; (4) YOU SHOULD NOT RELY SOLELY ON AI-GENERATED CONTENT FOR IMPORTANT DECISIONS, PARTICULARLY REGARDING HEALTH, FINANCE, LEGAL MATTERS, OR SAFETY; AND (5) YOU USE AND RELY ON ANY AI-GENERATED CONTENT AT YOUR OWN RISK. COMPANY MAKES NO REPRESENTATIONS OR WARRANTIES ABOUT THE ACCURACY, RELIABILITY, COMPLETENESS, QUALITY, OR APPROPRIATENESS OF ANY AI-GENERATED CONTENT AND EXPRESSLY DISCLAIMS ALL LIABILITY FOR ANY CONSEQUENCES RESULTING FROM YOUR USE OF OR RELIANCE ON SUCH CONTENT.

Limitation of Liability

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL COMPANY, ITS MANAGERS, EMPLOYEES, PARTNERS, AGENTS, SUPPLIERS, LICENSORS, OR AFFILIATES BE LIABLE TO YOU FOR ANY SPECIAL, INDIRECT, INCIDENTAL, PUNITIVE, EXEMPLARY, OR CONSEQUENTIAL DAMAGES, LOST PROFITS, LOST DATA OR CONFIDENTIAL OR OTHER INFORMATION, LOSS OF PRIVACY, COSTS OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, FAILURE TO MEET ANY DUTY INCLUDING WITHOUT LIMITATION OF GOOD FAITH OR OF REASONABLE CARE, NEGLIGENCE, OR OTHERWISE, REGARDLESS OF THE FORESEEABILITY OF THOSE DAMAGES OR OF ANY ADVICE OR NOTICE GIVEN TO COMPANY ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF THE SERVICES. COMPANY ASSUMES NO LIABILITY OR RESPONSIBILITY FOR (I) ANY ERRORS, MISTAKES, OR INACCURACIES OF CONTENT PROVIDED BY YOU OR GENERATED BY THE SERVICE; (II) ANY PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR USE OF OUR SERVICES; (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS OR YOUR ACCOUNT OR ANY PERSONAL INFORMATION STORED THEREIN; (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE growhappy.me WEBSITE; (V) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE THAT MAY BE TRANSMITTED TO OR THROUGH OUR SERVICES BY ANY THIRD PARTY; OR (VI) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE THROUGH THE SERVICES. IN NO EVENT SHALL THE TOTAL AGGREGATE LIABILITY OF COMPANY, ITS MANAGERS, EMPLOYEES, PARTNERS, AGENTS, SUPPLIERS, LICENSORS, OR AFFILIATES TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION (WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE), STATUTORY, OR OTHERWISE) EXCEED THE GREATER OF ONE HUNDRED U.S. DOLLARS ($100.00) OR THE AMOUNT YOU PAID TO US, IF ANY, IN THE LAST THIRTY (30) DAYS FOR THE SPECIFIC SERVICE GIVING RISE TO THE CLAIM. THIS SECTION APPLIES WHETHER THE ALLEGED LIABILITY IS BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR ANY OTHER BASIS, EVEN IF COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. YOU AGREE THAT THIS LIMITATION OF LIABILITY REPRESENTS A REASONABLE ALLOCATION OF RISK AND IS A FUNDAMENTAL ELEMENT OF THE BASIS OF THE BARGAIN BETWEEN COMPANY AND YOU. THE SERVICES WOULD NOT BE PROVIDED WITHOUT SUCH LIMITATIONS.

Disclaimer of Warranties

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, COMPANY, ON BEHALF OF ITSELF, ITS MANAGERS, EMPLOYEES, PARTNERS, AGENTS, SUPPLIERS, LICENSORS, AND AFFILIATES, EXPRESSLY DISCLAIMS ANY AND ALL WARRANTIES, EXPRESS OR IMPLIED, REGARDING THE WEBSITE AND SERVICES, ARISING BY OPERATION OF LAW OR OTHERWISE, INCLUDING WITHOUT LIMITATION ANY AND ALL IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT IN ADDITION TO ANY WARRANTIES ARISING FROM A COURSE OF DEALING, USAGE, OR TRADE PRACTICE. COMPANY DOES NOT WARRANT THAT (A) THE WEBSITE OR SERVICES WILL FUNCTION OR BE UNINTERRUPTED, SECURE, OR AVAILABLE AT ANY PARTICULAR TIME OR LOCATION; (B) ANY ERRORS OR DEFECTS WILL BE CORRECTED, (C) THE WEBSITE OR SERVICES ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS; OR (D) THAT THE SERVICES WILL MEET YOUR REQUIREMENTS OR EXPECTATIONS OR ACHIEVE ANY PARTICULAR RESULT. COMPANY DISCLAIMS ALL IMPLIED LIABILITY FOR DAMAGES ARISING OUT OF THE FURNISHING, PERFORMANCE, OR USE OF THE WEBSITE AND SERVICES.

Application of Disclaimers

Some jurisdictions may not allow the exclusion of certain implied warranties or the limitation of certain damages, so some of the above disclaimers, waivers, and limitations of liability may not apply to you. To the extent any disclaimer or limitation of liability does not apply, the scope and duration of such warranty and the extent of Company’s liability shall be the minimum permitted under such applicable law. Company’s licensors and suppliers are intended third-party beneficiaries of these disclaimers, waivers, and limitations. No advice or information, whether oral or written, obtained by you through the Service or otherwise shall alter any of the disclaimers or limitations stated in this section.

14. MISCELLANEOUS TERMS

These Terms, together with the Privacy Policy and any other legal notices published by Company on the Services (including the DPA where applicable), constitute the entire agreement between the parties concerning the subject matter hereof and supersede all prior or contemporaneous understandings, agreements, representations, warranties, both written and oral, with respect to the subject matter. These Terms do not create any agency, partnership, employer, or joint venture relationship. Use of the Services, including creation and use of an Account, constitutes your consent to receiving electronic communications from us, including emails with marketing offers (if you opt-in) and information about your Account and the Services. The parties shall not be liable for any failure to perform any obligation under these Terms due to an event beyond that party’s reasonable control, including but not limited to, acts of God, war, riot, terrorism, embargoes, acts of civil or military authorities, fire, floods, accidents, pandemics, epidemics, strikes, or shortages of transportation facilities, fuel, energy, labor or materials or other force majeure event. If any provision of these Terms is held by a court or other tribunal of competent jurisdiction to be invalid, illegal, or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of the Terms will continue in full force and effect. To this end, these Terms are severable. Company's failure to enforce any right or provision of these Terms will not be considered a waiver of such right or provision. The waiver of any such right or provision will be effective only if in writing and signed by a duly authorized representative of Company. Except as expressly set forth in these Terms, the exercise by either party of any of its remedies under these Terms will be without prejudice to its other remedies under these Terms or otherwise. You may not assign or transfer these Terms, by operation of law or otherwise, without Company’s prior written consent. Any attempt by you to assign or transfer these Terms, without such consent, will be null and void. Company may freely assign or transfer these Terms without restriction. Subject to the foregoing, these Terms will bind and inure to the benefit of the parties, their successors and permitted assigns. Any notices or other communications provided by Company under these Terms, including those regarding modifications to these Terms, will be given: (i) via email; or (ii) by posting to the Services. For notices made by e-mail, the date of receipt will be deemed the date on which such notice is transmitted.

CONTACT US

In order to resolve a complaint regarding the Services or to receive further information regarding the use of the Services, please contact us electronically at:

GrowHappy
Email: [email protected]

Last Updated: May 1st 2025