GROWINGO — TERMS AND CONDITIONS OF USE
(Website, Free Tools and Related Services)
Effective Date: 1 August 2026
Last Updated: 21 October 2026
Version: 1.0
PART A — AT A GLANCE (PLAIN-LANGUAGE SUMMARY)
This summary helps you understand the key points quickly. It does not
replace or limit the full Terms in Part B. If anything here conflicts
with Part B, Part B prevails.
WHAT THIS COVERS
- Your use of growingo.net, every free tool on it (including the AI
Detector & Humanizer, page speed tools, AEO/SEO tools and any tool
added later), our content, and any free diagnosis call you book.
WHAT OUR FREE TOOLS ARE
- Automated, indicative estimates. They can be wrong.
- Provided free, "as is", with no guarantee of accuracy, ranking,
traffic, revenue, compliance or any other outcome.
WHAT YOU MUST NOT DO
- Paste patient, health, financial or other sensitive personal data
into any tool.
- Use any tool to cheat in academics or exams, deceive anyone, break
any law, or attack, scrape or overload our systems.
WHO IS RESPONSIBLE FOR WHAT
- You are solely responsible for what you submit, what you do with the
results, and any content you publish.
- If your use causes a claim against us, you agree to cover our losses
(indemnity).
- Our total liability to you is capped at INR 1,000 for free tools.
DISPUTES
- Indian law applies. Disputes go to arbitration seated in
Ghaziabad, Uttar Pradesh, India.
CONTACT
- Grievance Officer: Ashish Kumar Jha, partners@growingo.net
BY USING THE WEBSITE OR ANY TOOL, YOU AGREE TO THESE TERMS. IF YOU DO
NOT AGREE, DO NOT USE THE WEBSITE OR TOOLS.
PART B — FULL TERMS AND CONDITIONS
1. ACCEPTANCE AND BINDING AGREEMENT
1.1
1.1 Electronic contract. These Terms are an electronic record under the
Information Technology Act, 2000 and the rules made under it. They
do not require a physical or digital signature to be binding.
1.2
1.2 How you accept. You accept these Terms by doing any of the
following, whichever happens first:
(a) ticking an "I agree" box or clicking a button that references
these Terms;
(b) submitting any input to any Tool;
(c) submitting any form on the Website; or
(d) accessing or continuing to browse the Website.
1.3
1.3 Capacity. You confirm that you are at least 18 years old and
competent to contract under the Indian Contract Act, 1872. The
Website and Tools are not intended for anyone under 18.
1.4
1.4 Acting for an organisation. If you use the Website or Tools on
behalf of a company, hospital, firm or other organisation, you
confirm that you are authorised to bind it, and "you" includes that
organisation. You and the organisation are jointly and severally
responsible for compliance with these Terms.
1.5
1.5 Business use. The Website and Tools are offered for business and
professional purposes. You confirm you are not using them as a
consumer for personal, family or household purposes.
1.6
1.6 Related policies. These Terms incorporate by reference our Privacy
Policy https://growingo.net/privacy-policy/ and any tool-specific
notice displayed on a Tool page. If they conflict, the order of
priority is: (i) a signed written agreement with us; (i) these
Terms; (iii) tool-specific notices; (iv) the Privacy Policy, except
on matters of personal data, where the Privacy Policy prevails.
2. DEFINITIONS
2.1
2.1 "GrowingO", "we", "us", "our" means Ashish Kumar Jha, sole
proprietor carrying on business under the trade name "GROWINGO",
principal place of business at UG2, 2/118, Sec 2, Rajendra Nagar,
Sahibabad, Ghaziabad, Uttar Pradesh 201005, India.
2.2
2.2 "Protected Parties" means GrowingO and each of its proprietor,
promoters, founders, directors, shareholders, partners, officers,
employees, consultants, contractors, agents, affiliates,
successors, assigns, licensors and service providers.
2.3
2.3 "Website" means growingo.net, its sub-domains and all pages,
content and features on them.
2.4
2.4 "Tools" means every free or paid tool, calculator, scanner, checker,
detector, humanizer, audit, report generator, widget or similar
feature made available on or through the Website, now or in the
future, including without limitation:
(a) the AI Content Detector & Humanizer ("AI Detector");
(b) any page speed, Core Web Vitals or website performance tool
("Performance Tools");
(c) any Answer Engine Optimisation, generative search, SEO, schema
or content visibility tool ("AEO/SEO Tools"); and
(d) any other tool added from time to time.
2.5
2.5 "Input" means any text, URL, domain, file, keyword, data or other
material you submit to a Tool or the Website.
2.6
2.6 "Output" means any score, percentage, label, report, rewritten
text, recommendation, suggestion, highlight or other result
generated by a Tool.
2.7
2.7 "Diagnosis Session" means any free or paid consultation, growth
diagnosis, audit call or discovery meeting booked through the
Website.
2.8
2.8 "Applicable Law" means all laws, rules, regulations, guidelines and
orders in force in India, including the Information Technology Act,
2000, the Digital Personal Data Protection Act, 2023 and rules
under it, and any other law applicable to your use.
3. SCOPE OF THESE TERMS
3.1
3.1 These Terms govern your access to and use of the Website, the
Tools, the Outputs, our content, and any Diagnosis Session.
3.2
3.2 Paid services. Any paid consulting, marketing, website, analytics
or other professional service is governed solely by a separate
signed written agreement. Nothing on the Website, in any Output or
in any Diagnosis Session creates a service, advisory, agency,
partnership, employment or fiduciary relationship.
3.3
3.3 No offer. Content on the Website is an invitation to discuss, not
an offer capable of acceptance. Prices, ranges, timelines and
figures on the Website are indicative only.
4. NATURE OF THE FREE TOOLS — READ CAREFULLY
4.1
4.1 General nature. All Tools are automated, experimental,
informational utilities. Outputs are probabilistic or heuristic
estimates generated by algorithms, rules and/or third-party data.
They are not facts, certifications, audits, opinions or advice.
4.2
4.2 No guarantee of accuracy. Outputs may be incomplete, inaccurate,
inconsistent, outdated or different each time the same Input is
submitted. Two different tools (ours or anyone else's) may produce
different results for the same Input.
4.3
4.3 Free and voluntary. Tools are provided free of charge, as a
voluntary courtesy, without any consideration. No user has any
right to receive, continue receiving, or receive any particular
level of, any Tool.
4.4
4.4 AI Detector & Humanizer — specific terms.
(a) AI-probability scores, labels (including any label such as
"Safe Zone", "Human", "Hybrid", "Heavy AI" or "Scaled Abuse
Risk"), highlights and cadence metrics are statistical
estimates only. They do not prove, and must not be used as
evidence, that any text was or was not written by a human or
by artificial intelligence.
(b) Outputs must not be used as the sole or primary basis for any
decision affecting any person, including any academic,
disciplinary, employment, contractual, legal or editorial
decision.
(c) Any reference to Google, "safe zone", search penalties, Scaled
Content Abuse or similar is our own descriptive interpretation.
It is not a statement of, or endorsed by, any search engine's
policies. No Output guarantees that any content will avoid any
search engine action, penalty, demotion or de-indexing.
(d) Rewritten or "humanized" text, and any "Apply Fix" suggestion,
may change meaning, introduce errors, remove required
disclaimers or create statements that are inaccurate,
misleading or non-compliant. You must review every word before
use.
(e) References to third-party detectors or platforms (including
ZeroGPT, Copyleaks, Turnitin, GPTZero, ChatGPT and Claude) are
for descriptive comparison only. We do not guarantee any score
on any third-party tool.
4.5
4.5 Performance Tools — specific terms.
(a) Performance Tools may retrieve data from third-party services,
including Google PageSpeed Insights and Lighthouse. Such data
is provided by those third parties, subject to their terms, and
may vary by test location, device, network, time and server
load.
(b) Scores, Core Web Vitals and recommendations are indicative
snapshots, not a certification of performance, accessibility,
security or compliance.
(c) Implementing any recommendation is entirely at your own risk.
Code, theme, plugin, server or configuration changes may break
your website. Always take a full backup and test on a staging
environment first.
4.6
4.6 AEO/SEO Tools — specific terms.
(a) Search engines and AI answer engines (including Google, Bing,
ChatGPT, Perplexity, Gemini and similar) use proprietary,
undisclosed and frequently changing systems. No Output can
predict or guarantee rankings, citations, visibility, traffic,
leads or revenue.
(b) Where a Tool fetches or analyses a URL, you confirm that you own
that URL or are authorised to have it analysed, and that our
access does not breach any third party's terms.
(c) Schema, structured data, keyword and content suggestions are
generic. You are responsible for validating them for your
business, industry and legal context.
4.7
4.7 Usage limits. We may set, change or remove limits on scans, word
counts, file sizes, frequency, features or access, at any time and
without notice. Any limit displayed (for example, a scan counter or
word capacity) is a current setting, not a promise.
4.8
4.8 Changes and discontinuation. We may modify, suspend, restrict,
replace or permanently discontinue any Tool or feature, in whole or
in part, at any time, for any reason, without notice and without
liability.
4.9
4.9 No service levels. No availability, uptime, speed, response time or
support commitment applies to any free Tool. Any statement on the
Website about speed (for example, scan time) describes typical
design behaviour, not a guarantee.
5. NOT PROFESSIONAL ADVICE
5.1
5.1 Nothing on the Website, in any Tool, Output, article, case study,
FAQ or Diagnosis Session constitutes legal, regulatory, medical,
clinical, financial, investment, tax, accounting, technical or
other professional advice.
5.2
5.2 Healthcare-specific. Where content or Outputs concern hospitals,
doctors, procedures, treatments or patients:
(a) it is general marketing information, not medical or clinical
information, and must not be relied upon for any patient-care
decision;
(b) you remain solely responsible for ensuring that any content you
create, publish or advertise complies with the National Medical
Commission (Registered Medical Practitioner Professional
Conduct) Regulations, 2023, the Drugs and Magic Remedies
(Objectionable Advertisements) Act, 1954, the Consumer
Protection Act, 2019, the ASCI Code, platform advertising
policies, the Digital Personal Data Protection Act, 2023, and
every other Applicable Law; and
(c) any statement on the Website describing our practices as
aligned with NMC, ASCI, DPDP or other frameworks describes our
internal approach only. It is not a legal opinion, a
certification, or an assurance that your content or campaigns
are compliant.
5.3
5.3 Always consult a qualified professional before acting on any
Output or content.
6. YOUR INPUTS
6.1
6.1 Ownership. You retain whatever rights you already hold in your
Inputs. We claim no ownership of them.
6.2
6.2 Licence to process. You grant us a worldwide, non-exclusive,
royalty-free licence to host, copy, transmit, analyse and process
your Inputs solely to (a) operate and provide the Tools; (b)
maintain security, prevent abuse and enforce these Terms; (c)
comply with Applicable Law; and (d) create aggregated or
anonymised statistics that do not identify you or any individual.
6.3
6.3 Prohibited Inputs. You must not submit, and you warrant that you
will not submit, any Input that contains:
(a) any health or medical information, patient records, patient
names, contact details, case notes, images, test results,
treatment details or any other information relating to an
identifiable patient;
(b) sensitive personal data, including passwords, financial account
or card details, government identification numbers, biometric
data, sexual orientation or medical history of any person;
(c) personal data of any individual for whom you do not have a
lawful basis and, where required, consent to share with us;
(d) any personal data of a child (a person under 18);
(e) confidential information, trade secrets or material subject to
a confidentiality obligation owed to anyone else;
(f) any material that infringes copyright, trademark or other
rights of any person; or
(g) any malware, code, script or payload designed to harm, probe or
exploit any system.
6.4
6.4 Your sole responsibility. If you submit any Input in breach of
clause 6.3, you do so entirely at your own risk and liability. You
act as the data fiduciary for any personal data contained in your
Input, and you are solely responsible for all consequences,
including any obligations to the affected individuals or any
regulator.
6.5
6.5 Your warranties. You represent and warrant that (a) you have all
rights, licences, consents and permissions needed to submit each
Input; (b) submitting and our processing of the Input will not
breach any law, contract or third-party right; and (c) all
information you submit through any form is true, accurate and your
own (or you are authorised to submit it).
6.6
6.6 No backup. We are not obliged to store, back up or return any
Input or Output. Keep your own copies.
7. ACCEPTABLE USE
7.1
7.1 You must not, and must not permit or help anyone to:
(a) use any Tool or Output to commit academic dishonesty, cheat in
any examination, assignment, thesis, test or certification, or
to evade the plagiarism or AI-content policies of any school,
university, examining body, employer or publisher;
(b) use any Tool or Output to create, spread or disguise
misinformation, fake reviews, fake testimonials, impersonation,
fraud, phishing, spam or deceptive advertising;
(c) use any Tool to produce medical claims, cure claims, guarantees
of treatment outcome, or any content prohibited under
Applicable Law;
(d) use any Output to make decisions about a person's education,
employment, eligibility or legal rights;
(e) submit or generate any content that is unlawful, defamatory,
obscene, harassing, hateful, threatening, harmful to children,
or otherwise prohibited under Rule 3(1)(b) of the Information
Technology (Intermediary Guidelines and Digital Media Ethics
Code) Rules, 2021;
(f) access the Tools through bots, scripts, scrapers, crawlers,
automated queries or any means other than our standard web
interface;
(g) circumvent, disable or tamper with any usage limit, scan
counter, rate limit, access control or security measure,
including by clearing storage, rotating IP addresses, using
VPNs or proxies, or creating multiple identities to obtain
extra usage;
(h) copy, frame, mirror, resell, sublicense, white-label or offer
any Tool or Output as a service to third parties;
(i) decompile, reverse engineer, disassemble, extract algorithms,
thresholds, models or source code, or attempt to derive the
logic of any Tool, except to the extent such restriction is
prohibited by law;
(j) use any Tool or Output to build, train, benchmark or improve a
competing product, model or service;
(k) probe, scan, test, overload, flood or attack the Website, Tools
or our infrastructure, or submit URLs of systems you are not
authorised to test;
(l) misrepresent any Output as a certification, endorsement or
opinion of GrowingO, or use our name, logo or marks in any way
that suggests endorsement; or
(m) violate any Applicable Law or any third party's rights.
7.2
7.2 Enforcement. We may, at our sole discretion and without notice,
investigate any suspected breach, block access, delete Inputs or
Outputs, preserve and disclose information to authorities as
required by law, and take any legal action available.
8. OUTPUTS
8.1
8.1 Use at your own risk. You are solely responsible for reviewing,
verifying, editing and deciding whether and how to use any Output.
8.2
8.2 Ownership of Outputs. As between you and us, and to the extent we
hold any rights in an Output, we permit you to use the Output for
your own lawful purposes. We give no warranty that any Output is
original, unique, protectable or non-infringing. Similar Outputs
may be generated for other users.
8.3
8.3 No reliance. You agree you will not rely on any Output as the sole
basis for any business, legal, financial, clinical, editorial or
personnel decision.
9. INTELLECTUAL PROPERTY
9.1
9.1 Our IP. The Website, Tools, software, algorithms, scoring logic,
thresholds, designs, text, graphics, frameworks, methodologies,
reports, case studies, articles, the names and marks "GROWINGO",
"GrowingO", "The Loop Layer", "D-1 Loop Closure" and all related
logos and trade dress ("GrowingO IP") are owned by or licensed to
GrowingO and protected by the Copyright Act, 1957, the Trade Marks
Act, 1999 and other laws. All rights not expressly granted are
reserved.
9.2
9.2 Limited licence. We grant you a limited, revocable, non-exclusive,
non-transferable, non-sublicensable licence to access and use the
Website and Tools for your own internal business purposes in
accordance with these Terms. This licence ends automatically on
any breach.
9.3
9.3 Content reuse. You may quote short extracts of our articles with
clear attribution and a link to the source page. Any other
reproduction, republication or commercial use requires our prior
written consent.
9.4
9.4 Feedback. If you send us ideas, suggestions or feedback, you grant
us a perpetual, irrevocable, royalty-free, worldwide right to use
them for any purpose without obligation to you.
9.5
9.5 Third-party marks. All third-party names, products and trademarks
mentioned on the Website (including Google, Meta, OpenAI, ChatGPT,
Anthropic, Claude, Turnitin, ZeroGPT, Copyleaks, GPTZero, Akhil
Systems, KareXpert, Napier, Cerner and Epic) belong to their
respective owners. Their mention is for identification and
descriptive purposes only and implies no affiliation, sponsorship,
partnership or endorsement.
10. THIRD-PARTY SERVICES AND LINKS
10.1
10.1 The Website and Tools rely on third-party services such as hosting,
content delivery, analytics, APIs and email providers. Their
availability, accuracy and conduct are outside our control.
10.2
10.2 Where a Tool uses a third-party service (for example, Google
PageSpeed Insights), your use is also subject to that third
party's terms and privacy policy, and we are not responsible for
the data it supplies.
10.3
10.3 Links to third-party websites (including LinkedIn) are provided for
convenience only. We do not control, endorse or accept
responsibility for any third-party website, content, product or
practice. Visiting them is at your own risk.
11. WEBSITE CONTENT, CASE STUDIES, FIGURES AND TESTIMONIALS
11.1
11.1 Illustrative only. All case studies, results, metrics (including
ROAS, CAC, conversion rates, spend figures, ticket sizes and
revenue figures), benchmarks, timelines and examples on the Website
are historical, illustrative and specific to the circumstances in
which they occurred. Some figures may be rounded, anonymised,
approximate or presented as ranges.
11.2
11.2 No promise of results. Past performance is not an indicator or
guarantee of future results. Results depend on many factors outside
our control, including your market, competition, budgets,
operations, staff, data quality, platform algorithms and law.
11.3
11.3 Testimonials and recommendations reflect the personal views of
their authors at the time they were given. They are reproduced
from public sources where indicated and are not guarantees or
endorsements by any organisation the author is or was associated
with.
11.4
11.4 Accuracy of content. We try to keep content accurate and current
but make no representation that it is complete, correct or
up to date. Content may contain errors and may change without
notice.
12. DIAGNOSIS SESSIONS AND COMMUNICATIONS
12.1
12.1 Booking a Diagnosis Session does not guarantee that a session will
be scheduled, that we will accept you as a client, or that any
engagement will follow. We may decline or cancel any request for
any reason.
12.2
12.2 Any view, observation, estimate, roadmap or "go / no-go" opinion
shared in a Diagnosis Session is preliminary, based on limited
information you provide, and given without any duty of care,
warranty or liability.
12.3
12.3 Information you share. Please share only information you are
authorised to share, and do not share any patient-identifiable or
sensitive personal data. We will handle business information you
share with reasonable care and use it only to evaluate a potential
engagement. A binding confidentiality obligation arises only under
a separately signed non-disclosure agreement.
12.4
12.4 By submitting a form, you agree that we may contact you by email,
phone or messaging about your request. Marketing communications are
governed by our Privacy Policy, and you may opt out at any time.
13. DISCLAIMER OF WARRANTIES
13.1
13.1 TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE WEBSITE,
TOOLS, OUTPUTS, CONTENT AND DIAGNOSIS SESSIONS ARE PROVIDED STRICTLY
ON AN "AS IS", "AS AVAILABLE" AND "WITH ALL FAULTS" BASIS, WITHOUT
WARRANTY OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY OR
OTHERWISE.
13.2
13.2 WE EXPRESSLY DISCLAIM ALL WARRANTIES, INCLUDING ANY WARRANTY OF
ACCURACY, RELIABILITY, COMPLETENESS, TIMELINESS, MERCHANTABILITY,
SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE,
NON-INFRINGEMENT, SECURITY, AVAILABILITY, UNINTERRUPTED OR
ERROR-FREE OPERATION, FREEDOM FROM VIRUSES OR HARMFUL COMPONENTS,
AND ANY WARRANTY THAT OUTPUTS WILL ACHIEVE ANY RANKING, SCORE,
DETECTION RESULT, TRAFFIC, LEAD, REVENUE, REGULATORY OR OTHER
OUTCOME.
13.3
13.3 YOU USE THE WEBSITE AND TOOLS AT YOUR SOLE RISK. NO ADVICE OR
INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED FROM US OR THROUGH
THE WEBSITE CREATES ANY WARRANTY NOT EXPRESSLY STATED IN THESE
TERMS.
14. LIMITATION OF LIABILITY
14.1
14.1 Excluded losses. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW,
NO PROTECTED PARTY SHALL BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY
INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE
DAMAGES, OR FOR ANY:
(a) loss of profit, revenue, business, contracts, patients,
customers, opportunity, goodwill or anticipated savings;
(b) loss of search rankings, traffic, visibility, indexing or
advertising account standing, or any search engine or platform
penalty, demotion, suspension or ban;
(c) academic, disciplinary, employment, professional or reputational
consequences of any kind;
(d) regulatory penalty, fine, notice, investigation or proceeding;
(e) loss, corruption or unauthorised access of data, Inputs,
Outputs or website content;
(f) website downtime, breakage or malfunction arising from
implementing any recommendation; or
(g) cost of substitute goods, services or professional advice,
ARISING OUT OF OR IN CONNECTION WITH THESE TERMS, THE WEBSITE, THE
TOOLS, ANY OUTPUT OR ANY DIAGNOSIS SESSION, WHETHER IN CONTRACT,
TORT (INCLUDING NEGLIGENCE), BREACH OF STATUTORY DUTY OR OTHERWISE,
EVEN IF ADVISED OF THE POSSIBILITY OF SUCH LOSS.
14.2
14.2 Aggregate cap. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW,
THE TOTAL AGGREGATE LIABILITY OF ALL PROTECTED PARTIES TOGETHER, FOR
ALL CLAIMS OF EVERY KIND ARISING OUT OF OR IN CONNECTION WITH THESE
TERMS, THE WEBSITE, THE TOOLS, ANY OUTPUT OR ANY DIAGNOSIS SESSION,
SHALL NOT EXCEED THE GREATER OF:
(a) INR 1,000 (RUPEES ONE THOUSAND ONLY); OR
(b) THE AMOUNT, IF ANY, ACTUALLY PAID BY YOU TO GROWINGO FOR THE
SPECIFIC TOOL GIVING RISE TO THE CLAIM IN THE 12 MONTHS
IMMEDIATELY BEFORE THE EVENT GIVING RISE TO THE CLAIM.
14.3
14.3 Basis of the bargain. You acknowledge that the Tools are free, that
these limitations are a fundamental and reasonable basis on which we
make them available, and that we would not offer them without these
limitations.
14.4
14.4 Non-excludable liability. Nothing in these Terms excludes or limits
any liability that cannot lawfully be excluded or limited under
Applicable Law, including liability for fraud or wilful
misconduct. In such cases, liability is limited to the minimum
extent permitted by law.
15. INDEMNITY
15.1
15.1 Your indemnity. You agree to defend, indemnify and hold harmless
each Protected Party from and against any and all claims, demands,
actions, suits, proceedings, investigations, notices, losses,
damages, liabilities, penalties, fines, judgments, settlements,
costs and expenses (including reasonable advocates' fees, expert
fees and court and arbitration costs) arising out of or relating
to:
(a) your access to or use of the Website, any Tool, any Output or
any Diagnosis Session;
(b) any Input you submit, including any personal, health, patient
or confidential data contained in it;
(c) any content, advertisement, website, communication or material
you create, modify, publish or distribute using or relying on
any Output;
(d) your breach of these Terms, the Privacy Policy, or any
representation or warranty you make;
(e) your violation of any Applicable Law, regulation, professional
code or platform policy, including those listed in clause 5.2;
(f) any infringement or violation of any intellectual property,
privacy, data protection, publicity or other right of any
third party; and
(g) any dispute between you and any third party, including your
patients, customers, students, employers, institutions or
regulators.
15.2
15.2 Process. We will notify you of any claim for which we seek
indemnity (failure to notify does not relieve you of your
obligations except to the extent you are materially prejudiced).
We may, at our option, (a) require you to assume the defence with
counsel acceptable to us, or (b) conduct our own defence at your
cost. You must not settle any claim that imposes any obligation or
admission on a Protected Party without our prior written consent.
You will cooperate fully with us in any defence.
15.3
15.3 Independent obligation. Your indemnity obligation is independent of
your other obligations, survives termination of these Terms and the
end of your use of the Website and Tools, and applies regardless of
whether any Protected Party is a named party to the claim.
16. NO PERSONAL LIABILITY OF INDIVIDUALS
16.1
16.1 To the maximum extent permitted by law, you agree that any claim
arising out of or in connection with these Terms, the Website, the
Tools, any Output or any Diagnosis Session shall be brought only
against GrowingO in its business capacity, and not against any
individual Protected Party (including the founder, proprietor,
promoter, director, officer or employee) in their personal
capacity.
16.2
16.2 Each individual Protected Party is an intended beneficiary of
clauses 13 to 16 and may rely on and enforce them.
17. SUSPENSION AND TERMINATION
17.1
17.1 We may suspend, restrict or terminate your access to the Website or
any Tool, in whole or in part, immediately and without notice, if
we believe you have breached these Terms, if required by law, to
protect our systems or other users, or for any other reason at our
sole discretion.
17.2
17.2 Clauses 4, 5, 6.4, 6.5, 8, 9, 11, 13, 14, 15, 16, 19, 20 and 21
survive any termination or suspension.
18. CHANGES TO THESE TERMS
18.1
18.1 We may amend these Terms at any time by posting the revised version
on the Website with a new "Last Updated" date. Material changes
will be highlighted on this page for at least 30 days.
18.2
18.2 Changes apply from the date of posting to all use after that date.
Your continued use of the Website or any Tool after posting
constitutes acceptance. If you do not agree, stop using the Website
and Tools.
19. FORCE MAJEURE
19.1
19.1 No Protected Party is liable for any delay or failure caused by
events beyond its reasonable control, including acts of God, flood,
fire, epidemic, war, terrorism, riot, government action, change in
law, internet or telecom failure, failure or change of any
third-party API, platform or hosting provider, power failure,
cyber-attack or denial-of-service attack.
20. GOVERNING LAW AND DISPUTE RESOLUTION
20.1
20.1 Governing law. These Terms and any dispute or claim arising out of
or in connection with them are governed by the laws of India,
without regard to conflict-of-law principles.
20.2
20.2 Notice and amicable resolution. Before starting any proceeding, the
claiming party must send a written notice describing the dispute,
the relief sought and supporting facts to the other party (for us,
at partners@growingo.net and our registered address). The parties
shall attempt in good faith to resolve the dispute within 30 days
of receipt of the notice.
20.3
20.3 Arbitration. Any dispute not resolved under clause 20.2 shall be
finally resolved by arbitration under the Arbitration and
Conciliation Act, 1996:
(a) by a sole arbitrator appointed by mutual agreement of the
parties, failing which within 30 days, appointed in accordance
with Section 11 of that Act;
(b) the seat and venue of arbitration shall be Ghaziabad, Uttar
Pradesh, India; hearings may be conducted virtually;
(c) the language of arbitration shall be English;
(d) the arbitral tribunal shall allocate costs in accordance with
Section 31A of that Act; and
(e) the proceedings, documents and award shall be confidential,
except as required by law or to enforce the award.
20.4
20.4 Courts. Subject to clause 20.3, the courts at Ghaziabad, Uttar
Pradesh shall have exclusive jurisdiction, including for interim
relief and matters under Sections 9 and 11 of the Arbitration and
Conciliation Act, 1996 (subject to the jurisdiction of the
appropriate High Court where required by law). Nothing prevents us
from seeking urgent injunctive relief in any competent court to
protect our intellectual property or systems.
20.5
20.5 Individual capacity. To the extent permitted by Applicable Law, any
proceeding shall be conducted only in your individual capacity and
not as a representative, collective or class proceeding.
21. GENERAL
21.1
21.1 Entire agreement. These Terms, together with the Privacy Policy and
any tool-specific notice, form the entire agreement between you and
us concerning their subject matter, and supersede all prior
statements, including marketing statements on the Website.
21.2
21.2 Severability. If any provision is held invalid or unenforceable, it
shall be enforced to the maximum extent permissible and modified to
the minimum extent necessary, and the remaining provisions shall
remain in full force.
21.3
21.3 No waiver. Our failure or delay in enforcing any right is not a
waiver of that right.
21.4
21.4 Assignment. You may not assign or transfer these Terms. We may
assign or transfer them, including to any successor entity on
incorporation, merger, reorganisation or sale of business, without
your consent.
21.5
21.5 Relationship. Nothing in these Terms creates any partnership, joint
venture, agency, employment or fiduciary relationship.
21.6
21.6 Notices. We may give you notice by email, by posting on the
Website, or by any contact details you provide. You must give
notice to us in writing at the address in clause 22.
21.7
21.7 Headings and summary. Headings and Part A are for convenience only
and do not affect interpretation. "Including" means "including
without limitation".
21.8
21.8 Language. These Terms are drafted in English. Any translation is
for convenience only; the English version prevails.
22. GRIEVANCE OFFICER AND CONTACT
22.1
22.1 In accordance with the Information Technology Act, 2000 and rules
made under it, the Grievance Officer is:
Name: Ashish Kumar Jha
Designation: Grievance Officer
Organisation: Ashish Kumar Jha, sole proprietor trading as "GROWINGO"
Address: UG2, 2/118, Sec 2, Rajendra Nagar, Sahibabad,
Ghaziabad, Uttar Pradesh, India 201005
Email: partners@growingo.net
Hours: Monday to Friday, 10:00 to 18:00 IST
22.2
22.2 We will acknowledge complaints within 48 hours and aim to resolve
them within 30 days of receipt.
22.3
22.3 Legal notices: partners@growingo.net and the postal address above.
END OF TERMS AND CONDITIONS