Overview
The Grower service (“Service”) is offered by Grower Yazılım A.Ş. (“Company”) to provide businesses and individuals access to a rich collection of resources related to search engine optimization, including without limitation search engine optimization tools and search analytics. The Service includes the website at www.withgrower.com (“Site”) and incorporates any related website controlled by Company. The Company may change the Service from time to time, with or without notice, by adding, modifying, suspending, or discontinuing features of the Service.
You may access the Site or Service as a user (“User”) with a free account. While access to certain components of the Site and selected features of the Service is free, the Company reserves the right to charge fees for features and benefits associated with the Site or Service at any time and without notice.Your access to the Site and Service is expressly conditioned on your compliance with these Terms Of Use, the Privacy Policy, and any applicable laws.Grower reserves the right to cancel, suspend, or block access to the Site or Service at its sole discretion for violations of these terms, or for any other reason and without notice.
For the purposes of this Terms Of Use, Users and Subscribers may be referred to as “you”, and the Terms Of Use may be referred to as the “Agreement” or the “TOU”. The TOU is a legally binding contract between the Company and you; the Company may also be referred to as “Grower” or “Grower Yazılım A.Ş.” in this Agreement. The Privacy Policy and any other agreement signed by a Subscriber, if applicable, are each incorporated into this Agreement by reference.
II. Conditions Governing All Users
The Service is available only to Users who are human (not bots) and 14 years of age or older; Users who are also Subscribers must be at least 18 years old.The Service is available only to Users who submit truthful and accurate information about themselves and maintain the accuracy of such information.The Service is available only to Users who do not impersonate any person or entity or otherwise misrepresent their identity in a profile or elsewhere on the Site.The Service is available only to those with a valid business email address.The Service is available only to those who agree not to authorize others to use their account, profile, or messages.Users agree to inform Grower immediately upon learning of a security breach that relates to their account or a third party’s improper use of the Service in connection with their account.Users agree that portions of the Site and Service are publicly available or available to other Users and may be accessible by syndication programs (including data feed tools), search engines, metasearch tools, crawlers, metacrawlers and other similar programs.
III. Conditions Governing Subscribers
For purposes of this Agreement, a User who pays for any portion of the Site or Service shall be referred to as a “Subscriber”. As a Subscriber, you must agree to the payment terms presented herein.Subscribers are responsible for taking action prior to renewal if they do not want the subscription to renew automatically. They might not receive further notice of renewal after signing up for an account or subscription. Subscriptions recur either monthly or annually, depending upon the renewal term chosen during the sign-up process.You are responsible for ensuring that the credit card associated with your account or subscription is up to date, that the information posted in connection with it is accurate, and that you are authorized to use it.You are also responsible to ensure to respect the maximum 7-day payment term on credit card payments or the maximum 30-day payment term on wire transfers, payable in arrears. If the Company cannot charge your credit card or the wire transfer has not been finalized in the above timeframes, correspondingly, we may cancel your subscription, and you may lose access to the Service and any data associated with your subscription.
Cancellation and Refund Policy.You may cancel your account and the recurring billing at any time. Should you wish to cancel, you can do so from the Grower account (Settings >> Subscription details >> Cancel subscription) or by contacting us at hi@withgrower.com. You will continue to have access to the Site and Service until the end of your subscription term.Cancellation does not automatically entitle you to a refund. Grower is not obligated to provide you with a refund at any time, but we can offer a partial money-back guarantee. If you sign up for Grower and find that it’s not the right solution for your needs, please feel free to contact us by email at support@Grower.com or directly through the in-app chat.
For monthly invoices, we can refund the entire amount, should the request be made within 7 days of invoicing.
For yearly payments, we can only refund the remaining months (so excluding what has passed and the current month).
To cancel your subscription and/or get a refund, we are kindly asking for a brief comment on why you would like to go through with a cancellation and/or refund.Your cancellation and/or refund requests will typically be processed within 48 business hours of receipt. The refund for the net price of your claim will be processed through the same method as the original payment.
IV. Service Limitations
Grower may establish limits concerning the use of the Service at its discretion, including, by way of example, the frequency with which you may access the Service. Grower reserves the right to modify or discontinue the Service (or any part or feature thereof) at any time without notice. You agree that Grower shall not be liable to you or to any third party for any modification, suspension, or discontinuance of the Service.The Provider undertakes to allow the access to unlimited use of the application and to ensure its constant resources and access to the Beneficiary in the normal course of the Application use. In order to ensure that no system outage occurs and there is no abuse of the Application (either by manual use or using automatic access), the Provider may use its discretionary right to limit or restrict the access whenever it considers, at its sole discretion, that the Application is used abusively. Also, the Provider is free to conduct any investigation on this matter and determine the reasons for the improper use and take any decisions on this matter (even requesting termination of the agreement with a reasonable notice but without any other formalities or court interventions).
V. Additional Services
Beta Services. From time to time, Grower may add new features to the Services that may be described as “beta” services or features (collectively, “Beta Features”). Beta Features will be considered part of the Service, and all provisions of this Agreement relating to the Service will apply to the Beta Features. Users and Subscribers acknowledge that Beta Features may be untested, non-functional, and/or partially functional features of the Service.
If you opt to use a Beta Feature, you do so at your own risk. Notwithstanding anything else in this Agreement to the contrary, Grower disclaims any and all warranties associated with any Beta Feature. Any risk that Beta Features may harm or interrupt the regular running of your software or hardware is borne entirely by Users.
VI. Trademarks; Copyrights; Proprietary Rights
Grower owns the visual interfaces, interactive features, graphics, design, compilation, computer code, products, software, and all other elements and components of the Site (“Grower Content”).
Grower also owns the copyrights, trademarks, service marks, trade names, and other intellectual property and proprietary rights throughout the world associated with the Grower Content, the Site, and Service, which are protected by applicable intellectual and proprietary rights and laws.
Users may not modify, reproduce, distribute, create derivative works or adaptations of, publicly display or in any way exploit any of the Grower Content in whole or in part except as expressly authorized in writing by Grower. Grower does not grant any express or implied rights in Grower Content to Users, and all rights in and to the Site and to Grower’s Content are retained and reserved by Grower.
Moreover, the term “Grower” and anything on the site that identifies or distinguishes Grower from other goods are services are registered or unregistered trademarks of the Company (the ”Grower Trademarks”). Except as otherwise permitted by law, you agree not to display or use in any manner the Grower Trademarks without the Company’s prior written consent.
VII. Copyright Infringement
If you believe that your work has been used in a way that constitutes copyright infringement, or your intellectual property rights have been otherwise violated, please notify Grower at
You must provide all of the following in writing: identify the copyrighted work that you claim has been infringed (or if multiple copyrighted works, then a representative list of such works); identify the content on the Service that you claim is infringing with enough detail so that Grower may locate it; provide a statement by you that you have a good-faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; provide a statement by you declaring that the notification is accurate, and, under penalty of perjury, that you are the exclusive owner of the copyright interest involved or that you are authorized to act on behalf of the exclusive owner; provide information reasonably sufficient to permit Grower to contact you, such as an address, telephone number, and email address; and your physical or electronic signature.
Upon receipt of notice as described above, Grower will take whatever action, in its sole discretion, it deems appropriate, including removal of the challenged use from the Service or termination of the posting account.
VIII. User Indemnification of Grower for Certain Actions
Users agree to indemnify and hold Grower and its affiliates, officers, agents, subsidiaries, partners, and employees harmless from any loss, liability, claim or demand, including reasonable attorneys’ fees, made by any third party due to or arising out of (i) User Generated Content you submit, post, transmit or make available through the Service, (ii) your unauthorized use of the Site or Service, (iii) your connection to the Service, including your use of the Service to provide a link to another site or to upload content or other information to the Site, or (iv) your violation of the Terms Of Use, or (v) your violation of any rights of another including but not limited to another’s copyright or other intellectual property rights.
IX. Grower Warranties and Limitations
Grower provides the Service “as-is”. Grower provides no express warranties, guarantees, or conditions related to the Site or Service. To the extent permitted by law, Grower disclaims any implied warranties, including those of merchantability, fitness for a particular purpose, workmanlike effort, and non-infringement and including those arising by usage of trade, course of dealing, or course of performance. Without limiting the generality of the foregoing, Grower does not warrant that the Site or Service will be accurate, error-free, virus-free, uninterrupted, or that it will meet any specific requirements of a User or Subscriber. Users may have additional rights as a consumer under local law that this Agreement cannot change.
X. LIABILITY LIMITATION; EXCLUSIVE REMEDIES FOR USERS
You acknowledge that Grower cannot provide the Service at a reasonable price without limiting its liability as set forth herein, so, as an express condition of use of the Site or Service, you agree to limit Grower’s potential liability to you as described in this clause. This limitation of liability is a fundamental element of the basis of the bargain between Grower and you as a User.
Grower does not: (i) guarantee the accuracy, completeness, or usefulness of any information on the Site or Service, or (ii) adopt, endorse or accept responsibility for the accuracy or reliability of any opinion, advice, or statement made by any party that appears on the Site.
Under no circumstances will Grower or its affiliates be responsible for any loss or damage resulting from your reliance on information or other content posted on the Site or transmitted to or by any Users.
To the extent permitted by applicable law, Grower shall not be liable for any consequential, special, or incidental damages or lost profits resulting from your access to or use of the Site or Service, whether based on breach of contract, breach of warranty, tort (including negligence), or any other legal theory. This includes your inability to access or use (including due to modification, suspension, blocking, discontinuance, cancellation, or termination of the Service or any part thereof) the Site or Service. Without limiting the foregoing, you specifically acknowledge that Grower is not liable for the defamatory, offensive, infringing, breaching, fraudulent, or illegal conduct of other Users or third-parties and that the risk of injury from the foregoing rests entirely with you. These limitations apply to any matter related to the Site, Service, or its content; third-party Internet sites, programs, or conduct; viruses or other disabling features;
incompatibility between the Service and other services, software, or hardware; and any delay or failure in initiating, conducting, or completing any transmission or transaction in connection with the Service in an accurate or timely manner. These limitations also apply even if this remedy does not fully compensate you for any losses, or fails its essential purpose, or even if Grower knew or should have known about the possibility of the damages.
Some states, provinces, and countries do not allow the exclusion or limitation of incidental or consequential damages, so the above limitations or exclusions may not apply to Users in these jurisdictions.
XI. Special Admonitions for International Use
As a consequence of the global nature of the Internet, you agree to comply with all local rules and laws regarding user conduct on the Internet and acceptable content. Specifically, you agree to comply with all applicable laws regarding obscene and indecent content and communications and those regarding the transmission of technical data exported from the United States or the country in which you reside.XII. Miscellaneous ClausesElectronic Form. By accessing the Site or Service, you consent to have this Agreement provided to you in electronic form. Please print a copy of this Agreement for your records.
Notices. If Grower must send you additional information regarding the Site or Service or in connection with this Agreement, you consent to receive this information electronically. Grower may provide required information to you by email at any address you registered with the Site or Service or via the Site or Service itself. Notices provided to you via email will be deemed given and received on the transmission date. You understand and agree that this Agreement and any notices given pursuant to this Agreement are enforceable in electronic format. Grower is not obligated to notify you if changes are made to this Agreement, so please check the terms regularly.
Additional Rights and Obligations. If any provision of this TOU is held to be invalid or unenforceable, such provision shall be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision; the remaining provisions will remain in full force and effect. Any party’s failure to act with respect to a breach of this Agreement does not constitute a waiver or affect that party’s rights to act subsequently. Users may not assign rights or delegate any duties under this Agreement. Grower may assign this Agreement to any third-party, without the user’s consent. This TOU will bind successors and permitted assigns.Cookie usage. When using the app, you agree to our use of cookies for delivering the service.
Entire Agreement. The Terms Of Use (along with the Privacy Policy, and any Subscriber agreement or other agreement incorporated by reference) constitutes the entire agreement between you and Grower and govern your use of the Service, superseding any prior agreements between you and Grower (including, but not limited to, any prior versions of the Terms Of Use).
