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Welcome to Me-Grow!  

These terms and conditions govern the rules and regulations for using the Me-Grow website, found at me-grow.com. By accessing this website, you acknowledge that you accept the terms and conditions established by Me-Grow. If you do not agree with any part of these terms and conditions, please refrain from using our website.  

The following terminology applies to these Terms and Conditions, Privacy Statement, Disclaimer Notice, and all Agreements:  

  1. “Account” refers to an account created when an individual, company, or any representative thereof registers with a username and password.
  2. “Account Owner” or “Platform Owner” designates the person, company, corporation, organization, or other entity responsible for the Services.
  3. “Add-ons” pertain to additional users, members, domains, and other features that Me-Grow may develop in the future, which the CLIENT may choose to add to their Account based on their Subscription level, often for an additional fee.
  4. “Additional Terms of Use” or “Additional Terms” indicates supplementary terms of use outlined in agreements between Me-Grow and its clients for delivering specific services, such as those related to building a community through the Insights Community.
  5. “Additional Work” refers to any extra services provided during the term of this Agreement that exceeds the scope of Services initially agreed upon by Me-Grow and the CLIENT.
  6. “Agreement” signifies the relationship established between Me-Grow and CLIENT through the completion of an Order, a Subscription to the Services, or any other agreement made between Me-Grow and CLIENT. This Agreement will be governed by these General Terms and Conditions, the Order Confirmation document, and any other documents resulting from a specific Order with the CLIENT.
  7. “General Terms and Conditions” or “Terms” encompasses these General Terms and Conditions in their entirety, including any Additional Terms that may apply to the execution of a specific Order. signifies the relationship established between Me-Grow and CLIENT through the completion of an Order, a Subscription to the Services, or any other agreement made between Me-Grow and CLIENT. This Agreement will be governed by these General Terms and Conditions, the Order Confirmation document, and any other documents resulting from a specific Order with the CLIENT.
  8. “License” denotes the CLIENT’s right to utilize the Software and Services provided by Me-Grow for a specified time period in exchange for a monthly fee established by Me-Grow.
  9. “Order Confirmation” or “Order” refers to a specific agreement finalized between Me-Grow and the CLIENT. This includes but is not limited to, orders placed through me-grow.com, online plan activations, orders related to the Me-Grow Platform, Additional Orders, and any other orders issued or made available to the CLIENT. The act of Order Confirmation or the conclusion of an Order encompasses both the online submission of an order via, me-grow.com and the signing of an order presented by Me-Grow to the CLIENT, as well as any other custom-written agreements concluded and signed by both parties. The scope and specific details of the Order are detailed in the Order Confirmation document.
  10. “Services” encompasses all offerings provided to the CLIENT by Me-Grow, including Software as a Service, access and hosting, support, consulting, development, design, and other services, from the initial setup through the duration of the project, as outlined in a specific Order Confirmation.
  11. “Sensitive Information” includes credit or debit card numbers, personal financial data, passport numbers, driver’s license numbers or similar identifiers, racial or ethnic origin, religious beliefs, information regarding physical or mental health conditions, and other employment, financial, or health-related information. This also covers any information subject to regulations, laws, or industry standards designed to protect data privacy and security.
  12. “Site” refers to the Me-Grow website (me-grow.com) and its associated subdomains that are not linked to a CLIENT.
  13. “Software” signifies the proprietary online software provided by Me-Grow to the CLIENT as an integral part of the Services under this Agreement. In this context, “Software” includes the Me-Grow Platform, which may encompass modules, widgets, additional features, administrative interfaces, and any other products Me-Grow offers for the CLIENT’s Order.
  14. “Standard Business Hours” denotes the time window between 9:30 AM and 5:00 PM Indian Standard Time, Monday through Friday, excluding statutory holidays in the country where the local office is situated.
  15. “Support” refers to assistance provided in utilizing the Services, including revisions, responses to CLIENT Support requests, answering inquiries, and offering information related to the use of the Services. Support is categorized into “Regular Support,” which addresses normal usage of the Services, and “Incident Support,” which pertains to support when the Services are not functioning as expected.
  16. “Third Party” designates any individual or organization other than the CLIENT or Me-Grow. This encompasses but is not limited to, CRM/CMS systems, email marketing software, billing and shopping cart/checkout platforms, PPC conversion tracking codes, analytics, and other tracking software, file hosting/sharing platforms, and any entity or person with which the CLIENT or Me-Grow engages in business or integration.
  17. “User” refers to all individuals specifically named or identified (through a password or other user identification) who are authorized by the CLIENT in the Agreement to utilize the Services, regardless of whether they are actively using the Software at any given moment. Both the CLIENT and its employees are considered Users under this Agreement. 

APPLICABILITY:

  1. These Terms govern the relationship between Me-Grow and the CLIENT and, together with the Order Confirmation document, constitute the full Agreement. By placing an Order, the CLIENT acknowledges that these Terms, along with the relevant Order Confirmation, form the complete Agreement for the Services requested. This Agreement supersedes all prior or contemporaneous agreements and terms of purchase, as well as any other ordering documents not issued by Me-Grow. Any general terms and conditions or purchase conditions provided by the CLIENT are explicitly rejected unless otherwise agreed upon in writing before the Order Confirmation.
  2. This Agreement may not be modified, altered, or waived by the CLIENT unless explicitly agreed upon in writing by both parties.
  3. Should any of these Terms be deemed invalid, null, or unenforceable, the remaining provisions will remain in full effect. Both parties are then required to collaborate in writing to replace any invalid, nullified, or unenforceable clauses.
  4. Me-Grow reserves the right to modify these General Terms and Conditions at any time, with such changes taking immediate effect upon this Agreement. The CLIENT is responsible for reviewing and familiarizing themselves with the updated Terms upon notification. If the CLIENT disagrees with any or all the revised Terms, they have the right to submit an objection within 10 business days, after which both parties will negotiate possible adjustments to the Agreement. If no objection is raised within this timeframe, Me-Grow will consider the CLIENT sufficiently informed, and the updated General Terms and Conditions will become effective. 

ADDITIONAL TERMS OF USE:

Any Additional Terms provided by Me-Grow are inseparable from these General Terms and Conditions and must be interpreted in conjunction with them. In the event of a conflict between specific provisions of the General Terms and any Additional Terms, the Additional Terms shall take precedence.  

CONCLUSION OF AGREEMENT:

  1. All Orders finalized between Me-Grow and the CLIENT are considered binding agreements and are governed by these General Terms and Conditions. Each Order is also subject to a Service Level Agreement (SLA).
  2. Upon request, Me-Grow will provide the CLIENT with an opportunity to test the Services prior to confirming an Order. Once confirmed, Orders cannot be canceled and will be regarded as a termination of the Agreement, in accordance with these Terms. 

SUSPENSION AND TERMINATION OF AGREEMENT:

  1. This Agreement will automatically terminate at the end of the initially agreed term, unless both parties explicitly agree otherwise, or the CLIENT submits a written request to extend the Agreement. Upon expiration of the agreed term, any exemptions, discounts, price reductions, or other special conditions will also expire, and standard costs, fees, and prices will apply unless otherwise agreed upon by both parties.
  2. If the CLIENT fails to fulfill any obligations under this Agreement, Me-Grow reserves the right to suspend its own obligations until the CLIENT remedies the breach, without prejudice to any other rights it may have. Me-Grow will issue a formal warning to the CLIENT regarding the breach, providing a 5-business-day grace period for the CLIENT to resolve the issue.
  3. Me-Grow further reserves the right to terminate this Agreement with immediate effect via registered letter, without the need for prior notice or judicial intervention, if the CLIENT fails to meet any other obligations under the Agreement. The CLIENT will be given a 5-business-day grace period from the date of notice to meet their obligations
  4. Notwithstanding any other provisions within this Agreement, either party has the right to terminate the Agreement in writing with immediate effect, without notice of default or judicial intervention, under specific circumstances such as:
  • If and as soon as the other party is declared to be in a state of involuntary liquidation; 
  • If and as soon as the other party’s business is dissolved, ceases operations, or a substantial portion of it is sold; 
  • If and as soon as it is determined that the other party is unable or no longer able to fulfill its obligations under the Agreement. 
  • If and as soon as a pre-judgment attachment or execution is placed on a significant part of the other party’s assets, hindering the proper execution of the Agreement; 
  1. If an Agreement is executed for an indefinite period and is not terminated upon completion, either party may terminate the Agreement by providing written notice. The decision and reasons for termination must be clearly communicated by the terminating party. If no specific notice period has been agreed upon, a maximum notice period of 2 calendar months will apply.
  2. Termination of this Agreement, by either or both parties, will not affect any obligations explicitly stated to continue beyond or remain unaffected by such termination.
  3. If the CLIENT terminates the Agreement before any set-up or design work has been completed, the CLIENT is required to pay the full fees associated with that work. If these fees have already been paid, no refund will be issued.

ADDITIONAL WORK:

Additional work shall be taken to mean all that is delivered during the term of the Agreement concluded with a CLIENT which is in excess of what has initially been agreed on. 

An additional Order for such work will be carried out at the CLIENT’s request. Me-Grow will only be obligated to perform the additional work once it has confirmed the CLIENT’s request in writing. 

Any expenses incurred from the execution of additional work by Me-Grow, due to data loss, incorrect settings, or non-compliance with the Agreement caused by the CLIENT’s actions, shall be the responsibility of the CLIENT. In such cases, Me-Grow will notify the CLIENT in advance of the need for additional work. Both parties will amend the Agreement accordingly to reflect the relevant increase in scope and costs.  

EXECUTION OF THE ORDER:

  1. Me-Grow shall carry out the Order in accordance with the specifications outlined in the Order Confirmation document.
  2. The delivery of Services by Me-Grow is dependent on the data, materials, and documents provided by the CLIENT, which are assumed to be accurate and complete. Me-Grow will not be held liable for any damages or costs resulting from the incorrectness or incompleteness of the CLIENT’s data.
  3. Me-Grow reserves the right to assign the execution of the Order, in whole or in part, to third parties if deemed necessary, useful, or required for the proper fulfillment of the Agreement. Despite such delegation, Me-Grow remains fully responsible for ensuring the performance and completion of the Agreement by these third parties.
  4. Me-Grow obligation under this Agreement is to perform to the best of its ability and does not guarantee a specific result unless explicitly agreed upon in writing. The suitability of its Services for a specific purpose is not guaranteed unless explicitly stated in writing. 

RESERVATIONS TO EXECUTION OF THE AGREEMENT:

Modifications to Software, Content creation, and other sorts of Services that are not explicitly listed on me-grow.com nor offered to CLIENT in writing by Me-Grow nor otherwise made available to CLIENT are not included by standard unless otherwise explicitly agreed in writing.  

INTELLECTUAL PROPERTY RIGHTS OF ME-GROW:

  1. The CLIENT acknowledges that the ownership and rights to the Software and any custom Design Services provided exclusively by Me-Grow remain solely with Me-Grow or any Third Party that has granted Me-Grow rights to use or sublicense portions of the Software. No part of this Agreement constitutes a transfer of ownership. The CLIENT is only granted a License or right to use the Software and/or custom Design Services for the purposes agreed upon within this Agreement.
  2. If Me-Grow integrates new features or functionalities into the Software at the CLIENT’s request, those features will remain the sole property of Me-Grow unless otherwise explicitly agreed in writing.
  3. The CLIENT retains copyright over any custom design data, files, and graphic logos provided to Me-Grow and grants Me-Grow the rights to publish and use these materials. The CLIENT must secure the necessary permissions to use any third-party copyrighted information or files and is responsible for ensuring that Me-Grow has the right to use them. The CLIENT agrees to indemnify and hold Me-Grow harmless from any claims, penalties, damages, or liabilities arising from the CLIENT’s failure to secure proper copyright permissions for data, files, and graphic logos used in custom designs. When an Order is finalized, and the custom design created by Me-Grow is installed in the Software, it is considered that the CLIENT has obtained all necessary permissions, and Me-Grow may request evidence of such permissions. Me-Grow reserves the right to deny service if this evidence is not provided.
  4. Me-Grow has implemented adequate legal measures to ensure the CLIENT’s continued use of the Software in case of any discontinuity regarding Me-Grow operations. Upon the CLIENT’s request, Me-Grow will provide insight into these measures.
  5. Me-Grow may allow the re-use of custom designs, at a price determined by Me-Grow, when the same CLIENT submits a new Order after the previous license for the custom design has expired upon the termination of a former Agreement. Me-Grow reserves the right to revoke such services.
  6. Me-Grow grants the CLIENT a non-exclusive license to use its trade name, service marks, logo, domain name, and other brand features solely for the use of the Services as stipulated in this Agreement. Me-Grow retains the right to revoke this license at any time. 

INTELLECTUAL PROPERTY RIGHTS OF THE CLIENT:

  1. Me-Grow recognizes that ownership and rights to the custom design, created either wholly or partially by the CLIENT for the front-end of the Software, or by a Third Party employed by the CLIENT, remain exclusively with the CLIENT or the Third Party that has granted the CLIENT the right to use the custom design. This first paragraph does not apply to any design templates provided to the CLIENT by Me-Grow before the installation of the custom design created or arranged by the CLIENT.
  2. For the CLIENT’s convenience and upon request, Me-Grow may store the custom design, created or arranged wholly or partially by the CLIENT, for a standard period of 12 months unless the CLIENT requests otherwise. Due to the nature of data backups performed during the term of this Agreement, all design data, including documentation, files, and graphic logos, cannot be fully deleted until 30 calendar days after the termination of the Agreement.
  3. The CLIENT acknowledges that Me-Grow bears no responsibility for maintaining, adapting, or ensuring the suitability of the design, nor for making any modifications in accordance with these Terms or for the general development of Services.
  4. With permission, Me-Grow may include the CLIENT’s name and brand features in presentations, marketing materials, customer lists, and financial reports. 

CONFIDENTIALITY:

  1. Each party may have access to information that is confidential to the other party.
  2. Me-Grow confidential information shall include, but not be limited to, the Services, documentation, formulas, methods, know-how, processes, designs, new products, developmental work, marketing requirements, marketing plans, CLIENT names, prospective CLIENT names, the terms and pricing under this Agreement, provided that it is clearly identified in writing at the time of disclosure as confidential and all information which CLIENT ought reasonably to regard as confidential.
  3. Confidential information of any or both of the parties shall not include information that:
  • Is or becomes a part of the public domain through no act or omission of the other party; 
  • Was in the other party’s lawful possession prior to the disclosure and had not been obtained by the other party either directly or indirectly from the disclosing party; 
  • Is lawfully disclosed to the other party by a Third Party without restriction on disclosure; or 
  • Is independently developed by the other party without the use of or reference to the other party’s confidential information. 
  1. This Article will not be construed to prohibit the disclosure of confidential information to the extent that such disclosure is required by law or valid order of a court or other governmental authority; provided, however, that the responding party shall first have given notice to the other party and shall have made a reasonable effort to obtain a protective order requiring that the confidential information so disclosed be used only for the purposes for which the order was issued.
  2. The parties agree, unless required by law, not to make each other’s confidential information available in any form to any Third Party (except third parties who are Users as defined hereunder) or to use each other’s confidential information for any purpose other than in the performance of an Agreement. Each party agrees to take all reasonable steps to ensure that confidential information is not disclosed or distributed by its employees or agents in breach of the Agreement.
  3. The parties agree to hold each other’s confidential information in confidence during the term of the Agreement and for a period of 2 years thereafter. Each party acknowledges and agrees that, due to the unique nature of confidential information, there can be no adequate remedy at law for a breach of this Article and that such breach would cause irreparable harm to the non-breaching party. Therefore, the non-breaching party shall be entitled to seek immediate injunctive relief, in addition to whatever remedies it might have at law or under an Agreement.
  4. Me-Grow hereby ensures that the obligations of confidentiality, as laid down in this Article, shall be agreed upon by all third parties involved in the performance of this Agreement. Me-Grow shall, upon request by the CLIENT, provide a list of any such third parties upon entering into this Agreement with the CLIENT. 

LIMITATION OF LIABILITY:

  1. The CLIENT agrees to indemnify and hold Me-Grow harmless from any liability to third parties related to the use of the Software and/or Services.
  2. The liability of Me-Grow arising from or in connection with this Agreement or its termination shall be strictly limited to the total amount paid by the CLIENT to Me-Grow over the 12 calendar months preceding the event that caused the liability. This limitation of liability is cumulative and not applicable on a per-incident basis.
  3. Me-Grow shall not be held liable for any indirect, incidental, special, or consequential damages, regardless of the cause or legal theory, arising from this Agreement, including but not limited to loss of anticipated profits, even if Me-Grow has been informed of the possibility of such damages. This third paragraph does not limit liability in cases of bodily injury to an individual.
  4. If a third-party claim is brought against Me-Grow for any loss or damage for which the CLIENT is liable under this Agreement, the CLIENT agrees to fully indemnify Me-Grow in that regard.
  5. Me-Grow liability for any shortcomings under the Agreement will only arise if the CLIENT immediately notifies Me-Grow in writing of the default, providing a reasonable period for correction, and Me-Grow continues to fail to meet its obligations after this period. The notice must include a detailed description of the shortcoming to allow Me-Grow to respond appropriately.
  6. Any right to compensation is contingent upon the CLIENT informing Me-Grow of the loss or damage immediately after it has occurred.
  7. The CLIENT acknowledges that the Software and Services governed by these Terms may contain measurement, algorithmic, or visualization errors, and agrees not to hold Me-Grow responsible for such errors or for any misinterpretation of the visualized data. 

FORCE MAJEURE:

If circumstances arise during the term of the Agreement that Me-Grow was unaware of, and could not reasonably have anticipated, which prevent Me-Grow from fulfilling its obligations to the CLIENT on time or at all, Me-Grow will not be considered in default and will be entitled to suspend its obligations. 

If Me-Grow remains unable to fulfill its obligations due to such circumstances, it may request that the Agreement be amended to allow continued performance, unless such a modification is deemed unreasonable for the CLIENT under the given circumstances. If no amendment can reasonably be made, the Agreement shall be dissolved within 10 business days following the initial request, with no right to compensation claimed by the CLIENT. 

The circumstances encompass any situation beyond the control of Me-Grow that hinders the fulfillment of the Agreement, either permanently or temporarily. These circumstances include but are not limited to, war or the threat of war, riots, industrial strikes, disasters (natural or otherwise), accidents, governmental actions, delays or failures of sub-contractors to supply goods or services (including fuel, power, and water), transportation issues, fires, and equipment breakdowns affecting Me-Grow operations.  

LICENSE:

Under the terms of the Agreement, Me-Grow grants the CLIENT a License to use the Software, including any additions and new versions provided by Me-Grow, subject to the conditions outlined in these Terms. 

CLIENT acknowledges that all Licenses are exclusively for its use and are non-transferable. They cannot be used by partners, affiliated offices, clients, or any other third parties unless expressly permitted by Me-Grow. Any office utilizing data collected through the Software or availing itself of Me-Grow Services must obtain its own license. 

CLIENT is not authorized to grant sub-licenses to partners, affiliated offices, clients, or any other third parties, whether for free or for a fee. For the use of this License, the CLIENT agrees to pay Me-Grow a recurring License fee as stipulated in the Agreement.  

NEW RELEASES:

For Software maintenance purposes, including bug fixes, error correction, and ongoing development, Me-Grow will provide the CLIENT with new releases of the Software as they become available. Me-Grow retains the right to decide and adjust the frequency, timing, extent, and scope of such releases. 

For Me-Grow Cloud services, CLIENT will have access to a control panel that allows them to manage updates, for which CLIENT is responsible. CLIENT acknowledges that timely execution of updates is essential for proper Software maintenance and agrees that no damages may be claimed due to errors, malfunctions, or reduced functionality arising from failure to perform updates on time. Software versions older than three months will not be supported. 

Me-Grow reserves the right to perform updates at any time, without prior notice, if deemed necessary.  

DISK SPACE:

  1. The amount of disk space covered under the License will depend on the specific Order agreed upon between Me-Grow and CLIENT. By default, the disk space provided will be listed on the Me-Grow pricing page unless otherwise explicitly agreed upon by both parties prior to Order Confirmation.
  2. Additional disk space can be purchased at any time. If CLIENT exceeds the allocated disk space, Me-Grow will notify CLIENT (via email or other written means), and CLIENT will have ten (10) business days to address the overage. Options include purchasing additional disk space, upgrading to a higher plan, or deleting unnecessary content. Me-Grow may require the CLIENT to complete additional documentation, such as Order Forms, for these purchases. If CLIENT continues to exceed the limits beyond the ten (10) business days and has not yet completed the necessary documentation, Me-Grow reserves the right to process an Add-on or Upgrade Order Form at the current list price via its billing system, without requiring CLIENT’s signature. The CLIENT’s execution of the initial Order will be considered acceptance of this non-cancelable Add-on Order until the Contract End Date.
  3. CLIENTS are not permitted to transfer disk space to partners, affiliated offices, clients, or any other third parties, whether for free or for a fee.
  4. Me-Grow will take appropriate measures, including sending email notifications, to keep the CLIENT informed about disk space usage, availability, and management.
  5. If the CLIENT exceeds the provided disk space limit, Me-Grow reserves the right to automatically add additional disk space on behalf of the CLIENT, with the CLIENT bearing the cost. Exceeding disk space limits may lead to the following consequences:

The stability and accessibility of the Software may be compromised, potentially leading to a server crash. CLIENT will assume full responsibility for such outcomes and cover any costs related to service recovery, including damages to Me-Grow. 

Me-Grow may temporarily disable certain Services or functionalities to manage disk space and ensure stability. This may include but is not limited to, suspending Software updates, platform activation, platform creation, and other non-essential functionalities.  

BANDWIDTH:

The member limit, Concurrent Users limit (CCU), and API rate limit (ARL) covered by the License will depend on the specific Order agreed between Me-Grow and CLIENT. Unless otherwise specified, the default limits are 100 members, 100 CCUs, and an ARL of 200. 

If CLIENT exceeds these bandwidth limits, Me-Grow will notify CLIENT in writing (via email if necessary), after which CLIENT will have ten (10) business days to address the overage. This can be done by purchasing additional bandwidth, upgrading to a higher plan at the current applicable pricing, or reducing members, web traffic, or API calls. Me-Grow may require the CLIENT to complete additional documentation (such as Order Forms) to finalize these purchases. Should CLIENT remain more than the limits beyond ten (10) business days without completing the necessary documentation, Me-Grow reserves the right to process an Add-on or Upgrade Order Form at the current list price through its billing system, without requiring CLIENT’s signature. CLIENT’s execution of the original Order will be considered acceptance of the Add-on Order Form, which will be non-cancelable until the Contract End Date.  

SOFTWARE AS A SERVICE (SAAS) & HOSTING:

Upon entering into this Agreement with Me-Grow, CLIENT will be granted a non-exclusive, non-transferable right of access to the Services for the duration of the Agreement. This right includes access to new releases, upgrades, modifications, and changes to the Software’s functionality, all of which are governed by the terms of this Agreement.  

UPGRADING & DOWNGRADING:

CLIENT may upgrade the combination of Services ordered from Me-Grow at any point during the term of the Agreement. Me-Grow will process the upgrade as soon as possible, considering the specific Services requested. CLIENT acknowledges that such upgrades may incur additional costs or changes in the regular fees. 

CLIENT, however, may only downgrade the combination of Services after the initial term of the Agreement has concluded.  

SERVICE LEVEL AGREEMENT:

  1. Availability, accessibility, and quality of the Software and Services shall be governed by a Service Level Agreement (SLA) made available to the CLIENT. This SLA shall apply to all Software and Services ordered by the CLIENT.
  2. Unless otherwise expressly stated in a relevant SLA, Me-Grow reserves its obligation as stated under these Terms and shall not be held liable by the CLIENT for any of the following:
  • Unrestricted, undisturbed, and uninterrupted access to and use respectively of the Software and Services; 
  • Correct and undamaged data transmission; 
  • Full reliability against hacking of the Software and Services.  

SERVICE LEVEL AGREEMENT:

  1. Me-Grow shall provide access and/or identification codes exclusively to CLIENT. These codes are strictly personal and must only be used by the designated User(s), whether assigned directly to the CLIENT or by the CLIENT itself.
  2. CLIENT is responsible for maintaining confidentiality and security of the access and identification codes.
  3. Me-Grow is not liable for any damages or expenses resulting from the misuse of these codes.
  4. Me-Grow reserves the right to temporarily restrict CLIENT’s access to the Software in the following cases:

If unauthorized third parties are suspected or confirmed to be using the access or identification codes; 

If CLIENT has reported a (potential) unauthorized use of the Software. 

Me-Grow will notify the CLIENT of any such unauthorized use and the resulting temporary access restrictions as soon as possible. Substitute access and identification codes will be provided promptly after access has been revoked. 

  1. If CLIENT is responsible for the unauthorized use of the Software, CLIENT must reimburse Me-Grow for:

All technical and administrative costs incurred; 

Costs related to unauthorized use will be calculated based on the number of additional datasets processed.  

OWNERSHIP OF DATA:

Me-Grow acknowledges that CLIENT retains ownership of all data to be processed and hosted because of the provision of Services. Both parties shall acknowledge their rights and obligations under the stipulations regarding confidentiality and intellectual property laid out in these Terms. Upon completion or termination of the contract, the CLIENT can download data.  

QUALITY OF DATA:

Me-Grow shall not be held responsible for and hereby declares that it can only do its utmost best to ensure, the reliability, accuracy, unambiguity, and/or completeness of data collected by means of using the Software and Services provided by Me-Grow.  

OBLIGATIONS OF CLIENT & USER:

  1. The CLIENT shall be responsible at all times for every single episode of use, including unauthorized use, made in its name of the Software and Services, and the rights of use and access rights granted to the CLIENT. The CLIENT shall hereby adopt the attitude of and shall behave as may be expected from a reasonable and careful User of software and online applications.
  2. CLIENT shall hereby be responsible for properly instructing and advising all Users about reasonable and careful use of the Services, including but not limited to password strength and appropriateness of Content.
  3. CLIENT shall hereby be responsible, on own behalf and on behalf of all Users, for the following:
  • Users shall inform CLIENT as soon as possible in writing of any changes in relevant data concerning themselves; 
  • Users shall comply with instructions, guidelines, and requirements of a technical or other nature provided by or in the name of Me-Grow regarding the acceptable use of Software and Services; 
  • Users shall refrain from hindering and causing damage to the proprietary Software of Me-Grow. Users shall be prohibited from initiating any processes, programs, applications, or other means, through the Software or otherwise, which may, knowingly or by a reasonable expectation of the User, hinder or cause damage to Software, Services, Me-Grow in its entirety, or clients of Me-Grow; 
  • Users shall be prohibited from use of Software and Services for acts, actions, or purposes in conflict with applicable statutory provisions, self-regulation, or this Agreement, including these Terms; 
  • Users shall be prohibited from transferring or making available their username and password and/or other rights arising from this Agreement to any third parties unless explicitly permitted by Me-Grow in writing. Users shall always remain responsible for acceptable use of and any damages arising from the transfer of their usernames and passwords; 
  • Users shall arrange any hardware, software, terminal equipment, and/or connections necessary for proper use of the Services in so far as Me-Grow does not provide such facilities. 
  1. Me-Grow hereby strictly prohibits usage of demo products for purposes other than promotion, sales, or project setup, and/or removal, adjustment, or deletion of indicatory demo banners from demo products, should any such product be delivered to CLIENT upon execution of this or any additional Agreement. Upon failure by the CLIENT to conform with this prohibition, Me-Grow shall hold the right to terminate this Agreement and/or to suspend the Services.
  2. The CLIENT shall inform Me-Grow of any extensive, in terms of data and/or Users, use of the Software and Services. Extensive use shall include, inter alia, chat sessions, marketing campaigns, and bulk emails. Me-Grow reserves the right to amend the Agreement in the event of excessive use. Upon failure by the CLIENT to inform Me-Grow of the extensive use, Me-Grow shall hold the right to terminate this Agreement and/or to suspend the Services. The CLIENT shall be obliged to cover any damages arising from the said failure to inform Me-Grow.
  3. If a CLIENT is using Me-Grow Cloud, they shall be responsible for keeping all Cloud platforms up to date with the latest Software version made available by Me-Grow in the control panel of Me-Grow Cloud. Platforms running on a version that is 2 or more versions older than the currently available Software version are not covered by Me-Grow’s SLA.
  4. If a CLIENT is using the custom design feature (CSS) in a platform, they shall be responsible for keeping the CSS code, imagery, fonts, and everything related to design up to date with any breaking design changes that are part of Software updates. Me-Grow shall not be held responsible for CSS-based design that breaks as part of Software updates except when Me-Grow authored the complete custom CSS code, and no changes have been made to that code by CLIENT. 

COLLECTION, PROCESSING & STORAGE OF PERSONAL DATA:

The processing of personal data by Me-Grow because of the performance of the Agreement, an Order, and provision of the Services shall take place based on a data processor agreement.  

SECURITY:

  1. Me-Grow shall ensure adequate security of Software and Services as defined in the SLA, however without releasing the CLIENT from there, being responsible for the adequate security of their systems, data, and other information.
  2. Me-Grow shall not be liable for any loss or damage caused by suspension, termination, and/or restriction of the Services or the use thereof, access, or the rights of use as referred to in these Terms.
  3. Me-Grow shall not be liable for any loss or damage caused by suspension, termination, and/or restriction of the Services or the use thereof, access, or the rights of use as referred to in these Terms.
  4. CLIENT is not allowed to conduct system penetration tests or any other type of test or ask a 3rd party to perform these tests without the written permission of Me-Grow. 

ACCEPTABLE USE POLICY:

  1. No Illegal, Harmful, or Offensive Use or Content: CLIENT may not use or encourage, promote, facilitate, or instruct others to use the Services for any illegal, harmful, or offensive use, or to transmit, store, display, distribute or otherwise make available Content that is illegal, harmful, or offensive. Prohibited activities or Content include:
  • Illegal Activities: Any illegal activities, including advertising, transmitting, or otherwise making available gambling sites or services or disseminating, promoting, or facilitating child pornography. 
  • Harmful or Fraudulent Activities: Activities that may be harmful to others, Me-Grow’s operations, or reputation, including offering or disseminating fraudulent goods, services, schemes, or promotions (e.g., make-money-fast schemes, Ponzi and pyramid schemes, phishing, or pharming), or engaging in other deceptive practices. 
  • Infringing Content: Content that infringes or misappropriates the intellectual property or proprietary rights of others. 
  • Offensive Content: Content that is defamatory, obscene, abusive, invasive of privacy, or otherwise objectionable, including Content that constitutes child pornography, relates to bestiality, or depicts non-consensual sex acts. 
  • Harmful Content: Content or other computer technology that may damage, interfere with, surreptitiously intercept, or expropriate any system, program, or data, including viruses, Trojan horses, worms, time bombs, or cancelbots. 
  1. No Security Violations: CLIENT may not use the Services to violate the security or integrity of any network, computer or communications system, software application, or network or computing device (each, a “System”). Prohibited activities include:
  • Unauthorized Access: Accessing or using any System without permission, including attempting to probe, scan, or test the vulnerability of a System or to breach any security or authentication measures used by a System. 
  • Interception: Monitoring of data or traffic on a System without permission. 
  • Falsification of Origin: Forging TCP-IP packet headers, e-mail headers, or any part of a message describing its origin or route. This prohibition does not include the use of aliases or anonymous remailers. 
  1. No Network Abuse: CLIENT may not make network connections to any users, hosts, or networks unless CLIENT has permission to communicate with them. Prohibited activities include:
  • Monitoring or Crawling: Monitoring or crawling of a System that impairs or disrupts the System being monitored or crawled. 
  • Denial of Service (DoS): Inundating a target with communications requests so the target either cannot respond to legitimate traffic or responds so slowly that it becomes ineffective. 
  • Intentional Interference: Interfering with the proper functioning of any System, including any deliberate attempt to overload a system by mail bombing, news bombing, broadcast attacks, or flooding techniques. 
  • Operation of Certain Network Services: Operating network services like open proxies, open mail relays, or open recursive domain name servers. 
  • Avoiding System Restrictions: Using manual or electronic means to avoid any use limitations placed on a System, such as access and storage restrictions. 
  1. No E-Mail or Other Message Abuse: CLIENT will not distribute, publish, send, or facilitate the sending of unsolicited mass e-mail or other messages, promotions, advertising, or solicitations (like “spam”), including commercial advertising and informational announcements. CLIENT will not alter or obscure mail headers or assume a sender’s identity without the sender’s explicit permission. CLIENTS will not collect replies to messages sent from another internet service provider if those messages violate this Policy or the acceptable use policy of that provider.
  2. Monitoring and Enforcement: Me-Grow reserves the right but does not assume the obligation, to investigate any violation of this Policy or misuse of the Services. Me-Grow may:
  • Investigate violations of this Policy or misuse of the Services; or 
  • Remove, disable access to, or modify any Content or resource that violates this Policy, or any other agreement Me-Grow has with CLIENT for the use of the Services. 
  • Me-Grow may report any activity that Me-Grow suspects violates any law or regulation to appropriate law enforcement officials, regulators, or other appropriate third parties. Me-Grow reporting may include disclosing appropriate customer information. Me-Grow also may cooperate with appropriate law enforcement agencies, regulators, or other appropriate third parties to help with the investigation and prosecution of illegal conduct by providing network and systems information related to alleged violations of this Policy. 
  1. CLIENT is obliged to have a terms & conditions document in place that end-users of the Service must accept before they are allowed to use the Services. This terms & conditions document should always respect Me-Grow’s general terms and privacy policy. 

COLLECTION, PROCESSING & STORAGE OF PERSONAL DATA:

These Terms of Use shall be governed, construed, and enforced in accordance with the laws of India, without regard to its conflict of laws and rules. The parties agree to submit all their disputes arising out of or in connection with these Terms of Use to the exclusive jurisdiction of the relevant Courts of India.  

Me-Grow is a B2B SaaS product, aimed at providing growth to businesses from all sectors. An all-in-one product to collect customer feedback, view insights & market your product/services to them.

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