1. Parties and acceptance
These terms ("Terms") apply between: Grow365.io ApS, CVR no. 45494659 ("Grow365", "we", "us") and the company or individual creating an account and using the platform ("User", "Customer", "you").
By creating an account, logging in, or using the platform, you accept these Terms.
2. The service
Grow365.io is a software platform that supports, among other things, search, segmentation, lead management, and outreach automation.
The platform is provided as a tool. You are solely responsible for your target audiences, data basis, messaging, campaigns, frequency, and other settings.
3. Accounts, access and security
- 3.1 You are responsible for all activity that occurs through your account, including access, usernames, passwords, tokens, and integrations.
- 3.2 You must ensure that only authorized persons can access the account and that your login credentials are stored securely.
- 3.3 If you suspect misuse or unauthorized access, you must contact us immediately at hello@grow365.io.
4. Third-party platforms and blocking/suspension
- 4.1 The platform may integrate with or support the use of third-party platforms and services (e.g., LinkedIn, email providers, CRM systems, data sources, etc.) ("Third Party").
- 4.2 Grow365 does not own, control, or operate Third-Party platforms and cannot guarantee their availability, functionality, policies, enforcement, or interpretation of terms.
- 4.3 You acknowledge and accept that your use of automation, data extraction, outreach, message sending, scraping, integrations, or similar activities may violate Third-Party terms and/or practices and may result in restrictions, temporary suspension, or permanent closure/blocking of your account/profile with a Third Party.
- 4.4 Grow365 is not responsible for any sanctions, blocking, restrictions, loss of access, loss of account/profile, loss of data, or loss of functionality with a Third Party—regardless of cause.
5. User responsibility for lawful use (GDPR, marketing, consent, etc.)
- 5.1 You are solely responsible for ensuring that your use of the platform and any data you import, access, process, or use through the platform is lawful and compliant with applicable laws, including data protection laws (GDPR), marketing laws, and Third-Party terms.
- 5.2 You are the data controller for your leads, audiences, campaigns, messages, and all other content you upload, generate, combine, or use through the platform, unless otherwise agreed in writing.
- 5.3 Grow365 does not provide legal advice. You should obtain your own legal assessment regarding legal basis, information duties, legitimate interest balancing, consent, opt-out/unsubscribe handling, retention, deletion, etc.
6. Prohibited use
You must not use the platform to:
- Engage in unlawful activities, including contacting or processing without the required legal basis.
- Infringe third-party rights (including intellectual property rights, privacy rights, and trade secrets).
- Transmit malicious code, bypass security, or otherwise misuse the platform in a way that could harm the platform or others.
- Create or send content that is misleading, harassing, spam, or otherwise unlawful.
7. Data, sources and quality
- 7.1 The platform may provide access to or display information from external and publicly available sources. Grow365 does not guarantee that any data is accurate, complete, up to date, or fit for a particular purpose.
- 7.2 You are responsible for verifying and using data correctly, including respecting rights, objections, and opt-out requests.
8. Operations, changes and availability
- 8.1 We strive for high uptime, but the platform may be unavailable due to maintenance, errors, updates, or conditions related to suppliers/Third Parties.
- 8.2 We may change, update, improve, or discontinue features, including integrations, without this constituting a breach.
9. Payment, subscription and usage
- 9.1 Prices, subscription terms, and any usage-based credits are set out in your agreement, order, or the applicable pricing page.
- 9.2 Subscriptions renew automatically for a new term equal to the originally selected subscription term, unless terminated in accordance with clause 9.3.
- 9.3 Termination must be made in writing by email to hello@grow365.io:
- For agreements with a minimum binding period of 12 months, termination must be received by Grow365 no later than 3 months before the end of the current subscription term to avoid automatic renewal.
- For agreements with a subscription term shorter than 12 months, termination may be made with 30 days' notice, with effect from the end of the current subscription term.
- 9.4 Grow365.io does not refund any amounts already paid for a commenced or prepaid subscription term, even if the subscription is terminated before the end of the term.
- 9.5 Non-payment may result in suspension or termination of access.
- 9.6 You may terminate monthly subscriptions at any time with notice of the current month plus 3 months. Other subscriptions are automatically renewed for the duration of the agreed contract term.
10. Intellectual property rights
- 10.1 Grow365 and/or our licensors own all rights to the platform, including software, design, know-how, and documentation.
- 10.2 You receive a non-exclusive, non-transferable right to use the platform during the subscription term for internal business purposes.
11. Confidentiality
- 11.1 The parties must keep confidential information confidential and use it only to fulfill the agreement.
- 11.2 Confidentiality does not apply to information that becomes public without breach or that must be disclosed by law.
12. Data protection and Data Processing Agreement (DPA)
- 12.1 Where Grow365 processes personal data on your behalf, Grow365 acts as the data processor and you act as the data controller, unless otherwise agreed in writing.
- 12.2 Such processing is governed by a separate Data Processing Agreement (DPA), which forms an integral part of the relationship.
- 12.3 In case of conflict between these Terms and the DPA regarding data protection, the DPA prevails.
13. Disclaimer (no warranty)
- 13.1 The platform is provided "as is" and "as available".
- 13.2 Grow365 makes no warranties that the platform will be error-free, uninterrupted, always compatible with Third-Party platforms, or that you will achieve specific business outcomes (e.g., reply rates, leads, meetings, revenue).
14. Liability and limitation of liability
- 14.1 Grow365 disclaims liability for indirect losses and consequential damages, including loss of profits, loss of revenue, loss of goodwill, loss of data, loss of business, loss of anticipated savings, and any third-party claims against you.
- 14.2 Grow365 is not liable for issues caused by: (i) your configuration/use, (ii) your content/messages, (iii) your choice of audiences and campaign settings, (iv) your data and sources, (v) Third-Party changes, enforcement or downtime, or (vi) integrations/suppliers outside Grow365's control.
- 14.3 Nothing in these Terms limits liability to the extent such liability cannot legally be limited, including cases of intent or gross negligence, or where liability follows from mandatory law.
15. Indemnification
You must indemnify and hold Grow365 (including employees, management, and suppliers) harmless from any claim, loss, fine, cost, or expense (including reasonable legal fees) arising from:
- Your unlawful processing or use of data.
- Your breach of Third-Party terms.
- Your campaigns, messages, content, or target audiences.
- Your actions or omissions related to the use of the platform.
16. Suspension, termination and cancellation
- 16.1 Grow365 may suspend or restrict access in whole or in part if we reasonably believe there is: (i) misuse, (ii) unlawful use, (iii) a security risk, (iv) a breach of these Terms, or (v) risk of harm to the platform, other users, or Third Parties. Suspension does not relieve the Customer of payment obligations for the agreed subscription term.
- 16.2 In case of material breach, Grow365 may terminate the agreement in whole or in part with immediate effect. Termination does not affect Grow365's right to payment for the current/term-based agreement, and no refund is provided for already paid or commenced subscription terms, cf. clause 9.4.
- 16.3 The Customer's ordinary subscription cancellation is governed by clauses 9.2-9.4. An ordinary cancellation takes effect at the end of the current subscription term, provided it is made in due time under clause 9.3.
- 16.4 Upon expiry or termination (for any reason), Grow365 may close access to the platform. Processing of personal data upon termination is governed by the applicable DPA, including deletion/return.
17. Force majeure
Grow365 is not liable for failure or delay caused by events beyond Grow365's reasonable control, including supplier outages, network failures, Third-Party changes, governmental orders, strikes, fire, flood, war, terrorism, epidemic/pandemic, etc.
18. Changes to the Terms
We may update these Terms. Material changes will be notified via the platform or email. Continued use after the effective date constitutes acceptance.
19. Governing law and venue
- 19.1 These Terms are governed by Danish law. Any disputes shall be settled by the Danish courts with Court of Aarhus as venue, unless mandatory rules provide otherwise.
- 19.2 Any dispute regarding subscription term, automatic renewal and cancellation shall be decided pursuant to clauses 9.2-9.4, which prevail to the extent there is any inconsistency with other provisions of these Terms.