Terms of Service

INTRODUCTION

The following terms and conditions (referred to as “Agreement”) apply from 18th of December 2024. Thank you for using GrowthApp. GrowthApp, is incorporated as GrowthApp ehf, company identification number 571224-2400, with a registered office at Espigrund 13, Akranes 300, Iceland. You can reach GrowthApp at gpicus@growthapp.co

GENERAL

1. The GrowthApp application is a startup development tool (collectively referred to as the “Platform”). The Platform hosts and facilitates access to content (“Content”) generated by the Platform and business details uploaded by the user (“Customer”). Content can be of interest to and therefore shared with parties such as team members, company stakeholders and potential investors. The Customer chooses with whom they share their Content.
2. The platform is accessible to the Customer at specific URLs designated by GrowthApp in its sole discretion.
3. The Service is subject to your agreement to and compliance with the conditions set forth in this User Agreement (“the Agreement”). When creating a User Account to use the Service, it is constituting you accept of the Agreement, by which you are creating a binding contract between you and GrowthApp. Prior to doing so, you must read, agree with and accept all of the terms and conditions contained in this Agreement and in the incorporated documents to the Agreement. See appendixes Privacy Policy. The Agreement is available to you on GrowthApps website www.growthapp.co and is concluded in English.
4. As long as you are in compliance with the conditions of this Agreement and all incorporated documents, GrowthApp hereby grant you a limited, revocable, non-assignable, non-transferrable, non-sublicensable and non-exclusive access to use the Service. No rights not explicitly listed are granted to you.
5. All objects appearing on GrowthApp, including but not limited to the Content, text, layout (e.g. graphics, logos, names, designs, page headers, button icons, scripts, and service names) and sound, are protected by intellectual property rights or ownership rights and belongs to either GrowthApp, a User or a third party, whom GrowthApp has entered into an agreement with. You may not use the above-mentioned for any purpose whatsoever other than as permitted by this Agreement.
6. GrowthApp may revise or update this Agreement by posting an amended version through the Service. If a modification is significant, GrowthApp will make you aware of the modification, either through the Service, and/or through contact information provided by you. Your continuous use following such update is considered as an acceptance of the updated Agreement. If you do not accept the update, you must stop using the Service.
7. GrowthApp reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Service, or any part thereof, with or without notice. 1.9. You agree that no joint venture, partnership, employment, or agency relationship exists between you and GrowthApp as a result of this Agreement or your use of the Platform. You can therefore not commit GrowthApp or act on any other Users behalf.
8. Some parts or all of the Service may not be available to the general public, and GrowthApp may impose rules of eligibility from time to time. GrowthApp reserves the right to amend or eliminate these eligibility requirements at any time.
9. Any not utilized enforcement of this Agreement does not constitute a waiver of rights of GrowthApp, see further in subsection 10.2.

SUBSCRIPTION, ACCOUNTS AND USERS

1. In order to access the Platform you need to be a user (”User”, in plural ”Users”). You (referring to the User) become a User once you have set up a User Account (”User Account”).
2. If you purchase a Subscription, you will be charged the current annual or monthly Subscription Fee, plus applicable taxes and other charges, at the beginning of your Subscription and each subsequent period. By purchasing a Subscription, you authorize GrowthApp to initiate recurring non-refundable payments, as detailed below. We (or our third-party payment processor, Paddle Payments Ltd or Paddle.com Inc) will automatically charge you on the anniversary of your Subscription each year or month using the Payment Information you have provided until you cancel your Subscription. By agreeing to these Terms and electing to purchase a Subscription, you acknowledge and accept that your Subscription has recurring payment features, and you are responsible for all recurring payment obligations prior to cancellation of your Subscription by you or GrowthApp. Your Subscription remains active until you cancel it, or we terminate your access to or use of the Services or Subscription, in accordance with these Terms.
3. Users can be either employees of the Customer or Users not employed by the Customer.
4. Usage also requires a subscription plan, which is chosen by the Customer when creating a User Account.
5. When you set up a User Account, you guarantee that the information provided by you is correct and sufficient and that you will revert to GrowthApp if this information changes. You also guarantee that you will keep your password information safe and that you will instantly inform GrowthApp in case of any unauthorized usage of your User Account.
6. GrowthApp may use your contact information for administrative or verification purposes related to your Content or in relation to specific projects. You can unsubscribe at any time. See more in the Privacy Policy.
7. The User Account is strictly personal and you can only use your own personal User Account.
8. To be a User you must be a natural person or an identifiable legal entity.
9. If you are a natural person, you must be at least thirteen (13) years old to use the Platform. By using the Platform, you guarantee that you meet this minimum age requirement.
10. GrowthApp does not investigate or perform any background checks on Users. Therefore, it is up to the Customer to ensure your (referring to the Customer's) own safety in your interactions with other Users of the Platform and in your activities conducted in connection with the Platform.

PAYMENT, REFUND, UPGRADE AND DOWNGRADE

1. A valid credit card is required for all subscription plans, excluding trials.
2. If you initially sign up for a subscription plan that includes a free trial, you must purchase a subscription plan at the end of the trial in order to see all the Content of that specific subscription plan. Note that the “days” of the free trial correspond to 24-hour periods beginning at the date and time that you sign up. If you don't purchase a subscription plan, you will have access to just the Content generated in the trial.
3. An upgrade from the plan, which holds your free trial to any other plan will end your free trial. You will be billed for your first month immediately upon upgrading.
4. The Service is billed in advance on a monthly or annual basis and is non-refundable. There are no refunds of any fees or other amounts paid by you in connection with the Service. The only refund acceptable is stated in the “7. Termination” clause.
5. If you purchase a Subscription, you will be charged the current annual or monthly Subscription Fee, plus applicable taxes and other charges, at the beginning of your Subscription and each subsequent period.
6. For any upgrade or downgrade in plan level, the credit card that you provided will automatically be charged the new rate on your next billing cycle.
7. Downgrading of the Service may cause the loss of Content, features, or capacity of your Account. GrowthApp does not accept any liability for such loss.

SUBMISSION OF USER CONTENT

1. The Platform and the Services available thereon enable you to provide or upload business details, including but not limited to text, data, financial information, and other information or content to GrowthApp for the purpose of providing the Services. By uploading any business details you acknowledge and agree that you are solely responsible for all business details you submit, provide or upload and any consequences of submitting, providing or uploading it.
2. You are under no obligation to publish anything through the Service once you have set up your User Account.
3. By uploading name and business details to the Platform you hereby grant GrowthApp a perpetual, revocable, transferrable, sub-licensable, worldwide, fully paid up, royalty-free right to use these business details for operational purposes.
4. You agree that you will not violate any applicable law or regulation in connection with your use of the Service.
5. When publishing business details on the Platform and in any relation to the Services, you guarantee that:
   1. The business details are your own original creation.
   2. You possess all necessary rights to dispose of the business details, including but not limited to all the necessary rights to publish and potentially sell the right of use to a third party.
   3. The business details do not infringe any intellectual property rights.
   4. The business detail is not libelous, defamatory, pornographic, obscene, indecent, inappropriate, invasive of privacy or publicity rights, abusing, harassing, threatening, bullying or otherwise objectionable;
   5. The business detail does not contain or entail any privacy violations;
   6. You will not modify, adapt, translate, copy or disassemble any portion of the Service;
   7. That you will not interfere with or disrupt the operation of the Service, including restricting or inhibiting any other person from using the Service by means of hacking or defacing;
   8. You will not transmit to or make available in connection with the Service any denial of service attack, virus, worm, Trojan horse or other harmful code or activity
   9. You will not use manual or automated means, including agents, robots, scripts, or spiders, to monitor or copy the Platform or the information or content contained therein (including any form of e-mail address harvesting)
   10. You will not publish or otherwise provide false, incomplete or misleading information on the Service.
   11. You will not promote any business or business activity other than the launch of the business that is the stated purpose of your Account.
   12. You will not access the Platform for the purpose of monitoring its availability, performance or functionality, or for any benchmarking or competitive purposes.
6. You can report Content and User behavior if the Content or User behavior is subject to a breach of the User Agreement.
7. GrowthApp retains the right to, at any given time and at GrowthApp' sole discretion, to remove Content that might be subject to breaches with this Agreement.

INDEMNIFICATION

1. The User agrees to defend, indemnify and hold GrowthApp and GrowthApp's suppliers harmless from all allegations, judgments, awards, losses, liabilities, costs and expenses. GrowthApp is not liable for any losses suffered by the User or losses due to any agreements between Users. Therefore, GrowthApp cannot be held liable for any losses suffered by this use, including but not limited to errors and/or defects or unauthorized usage of the User Accounts
2. GrowthApp is not liable in case your User Account name entails that you can be identified through your business details and Content. In the case of a data loss, fail of system, lack of accessibility, delays, disruption or likewise, GrowthApp will try its utmost to restore the loss of data due to available backups to the extent possible, but does however, not hold any liability in this relation.
3. While GrowthApp makes reasonable efforts to ensure that the Platform remains available at all time, GrowthApp does not represent or warrant that access to the Platform will be error-free, uninterrupted, or without defect, and GrowthApp does not guarantee that you will be able to access or use the Platform the Content, or its features at all times.
4. GrowthApp does not guarantee any certain amount of Content at the Platform. Thus, GrowthApp cannot be held liable if the amount or a specific piece of Content is removed from the Platform.
5. GrowthApp is not liable for any typographical errors or inaccuracies and reserves the right to correct any of such errors.
6. When referring to GrowthApp in this clause, GrowthApp' parents, subsidiaries, affiliates, directors, shareholders, members, managers, employees and suppliers, are also held under the same indemnifications.

TERMINATION

1. You may cancel your use of the Service and/or terminate your account and these Terms of Service with or without cause at any time by providing notice to GrowthApp's payment processor; provided, however, that a terminated account may continue to exist for a reasonable period of time before such cancellation takes effect in order for GrowthApp process the termination. You may terminate your account ONLY in the manner set forth in this Section 7. In addition to the right to terminate your account for using GrowthApp in a manner that violates these Terms of Service as provided in Section 4, GrowthApp may at any time and for any reason terminate the Service, terminate these Terms of Service, or suspend or terminate your account. If you cancel, you can continue to use the Services until the end of the current Subscription period, and then the Subscription will terminate without any further charges. In the event of termination, your account will be disabled and you may not be granted access to your account or any files or other content contained in your account although residual copies of information and Content may remain in the GrowthApp system.
2. Consumer Right to Cancel: If you're an EU consumer, you can cancel your order and stop the GrowthApp service within 14 days, no reason needed. The 14-day period starts the day after your purchase is completed. After 14 days have passed, your purchase is final, and you won't be able to cancel the purchase or receive a refund of your Subscription Fee at any time. If you're a Non-EU consumer you cancel your order within three (3) calendar days of your initial purchase for a full refund. After 3 days have passed, your purchase is final, and you won't be able to cancel the purchase or receive a refund of your Subscription Fee at any time. To cancel, you need to notify our payment processor ,Paddle, before the deadline. The quickest way is through Paddle's Contact Us form. If you use the online form, Paddle will confirm receipt immediately. If canceling a subscription, this applies only to the initial sign-up, not renewals.

FORCE MAJEURE

1. GrowthApp cannot be held liable, directly or indirectly, in any way in the event of force majeure. Amongst recognized force majeure events are; war, natural disasters, strikes, fires and other conditions of which GrowthApp is not in charge of. In case of a force majeure event, delivery according to this Agreement is suspended until the force majeure condition is passed. If the delay remains for more than a month, both parties can terminate the license agreement (as stipulated in clause 7) without notice and without payment of compensation or damage to the other party.

MISCELLANEOUS

1. The Platform may contain links to third party web pages. GrowthApp does not endorse any website or services through the provision of such a link. Thus, GrowthApp cannot be held liable in any way in regards to these third parties and their use of your information, that you provide them with, once you visit their webpage.
2. GrowthApp may assign GrowthApp' rights under this Agreement, in whole or in part, to any person or entity at any time with or without your consent. You may not assign this Agreement without GrowthApp' prior written consent, and any unauthorized assignment by you will be null and void.
3. If any provision of this Agreement is found for any reason to be unlawful, void or unenforceable, then that provision will be given its maximum enforceable effect and will not affect the validity and enforceability of any remaining Agreement.

DISPUTES

1. If you find any Content to be abusive or infringing, you must immediately inform GrowthApp by sending an email to GrowthApp at gpicus@growthapp.co The complaint must contain: i) a description of the Content, ii) a description of where on the Platform the Content can be localized iii) your contact information.

CHOICE OF LAW AND VENUE

1. If a dispute cannot be solved through a complaint process, disputes must be solved by the City Court of Reykjavik. All disputes will be subject to Icelandic law.
2. In case of any contradictions in different language versions of the Agreement, the English version shall prevail.