Terms of Service

31. Changes to the Agreement

Version 1.0

31.1 Right to Modify

Growwr may modify, update, revise, replace, supplement, or discontinue these Terms, any policy incorporated into these Terms, or any aspect of the Services from time to time to reflect, among other things:

  • changes in the Services;
  • new products or features;
  • technological developments;
  • security improvements;
  • legal or regulatory requirements;
  • changes in industry standards;
  • operational needs;
  • business developments; or
  • other legitimate business purposes.

Unless otherwise required by Applicable Law or a separate written agreement, Growwr is not obligated to provide individualized notice of every modification.

31.2 Notice of Material Changes

Where Growwr determines that a modification materially affects users’ rights or obligations, Growwr will use commercially reasonable efforts to provide notice through one or more of the following methods:

  • email;
  • in-product notifications;
  • account dashboard notifications;
  • Growwr’s website;
  • the Trust Center;
  • the Legal Center;
  • API documentation;
  • release notes; or
  • other reasonable communication channels.

The method, timing, and content of any notice shall be determined by Growwr in its reasonable discretion, except where Applicable Law requires a specific form of notice.

31.3 Effective Date

Unless otherwise stated, modifications become effective on the date specified in the updated Terms.

Where Applicable Law requires advance notice, Growwr will provide such notice before the effective date to the extent required.

Emergency changes necessary to:

  • protect platform security;
  • prevent fraud;
  • comply with Applicable Law;
  • respond to cybersecurity threats;
  • protect users;
  • preserve platform integrity; or
  • address operational emergencies,

may become effective immediately.

31.4 Acceptance of Changes

By continuing to access or use the Services after updated Terms become effective, you acknowledge and agree to be bound by the revised Terms.

If you do not agree to the revised Terms, you must discontinue your use of the affected Services and, where applicable, close your Account before the revised Terms become effective.

Continued use of the Services after the effective date constitutes acceptance of the revised Terms to the fullest extent permitted by Applicable Law.

31.5 Changes to the Services

Growwr continuously develops and improves the Services.

Accordingly, Growwr may, at any time and without liability except as required by Applicable Law:

  • introduce new features;
  • modify existing functionality;
  • enhance or improve the Services;
  • discontinue products or features;
  • change user interfaces;
  • modify workflows;
  • update APIs;
  • replace underlying technologies;
  • introduce artificial intelligence capabilities;
  • modify verification procedures;
  • update payment processes; or
  • otherwise evolve the Services.

Nothing in these Terms guarantees the continued availability of any particular feature, functionality, integration, API, or Service.

31.6 Changes Required by Law

Growwr may modify these Terms or the Services immediately where reasonably necessary to:

  • comply with Applicable Law;
  • respond to regulatory guidance;
  • satisfy governmental requirements;
  • comply with court orders;
  • address sanctions or export control requirements;
  • implement privacy or security obligations; or
  • satisfy other legal or regulatory obligations.

Such modifications may take effect immediately where required to maintain legal compliance.

31.7 Enterprise Agreements

If you have entered into a separate written agreement with Growwr, including but not limited to:

  • a Master Services Agreement (MSA);
  • Enterprise Agreement;
  • Order Form;
  • Subscription Agreement;
  • Data Processing Agreement (DPA);
  • Service Level Agreement (SLA);
  • Partner Agreement; or
  • other negotiated commercial agreement,

the terms of that agreement shall govern in the event of a direct conflict with these Terms, but only with respect to the subject matter expressly covered by the separate agreement.

All other provisions of these Terms shall remain in full force and effect.

31.8 Version Control

Growwr may publish updated versions of these Terms together with an effective date, version number, or last updated date for administrative and informational purposes.

Failure to update a version number or date shall not affect the validity or enforceability of any modification otherwise made in accordance with this Section.

31.9 No Waiver

Growwr’s decision not to enforce any provision of these Terms immediately shall not constitute:

  • a waiver of that provision;
  • a waiver of any future breach;
  • a waiver of any other provision; or
  • a limitation of Growwr’s rights or remedies.

Any waiver by Growwr must be in writing and signed by an authorized representative of Growwr.

31.10 Reservation of Rights

Growwr reserves the right to modify these Terms, the Services, related policies, pricing, platform functionality, technical requirements, operational procedures, and business practices at any time, subject to Applicable Law and any separate written agreement with you.

Nothing in this Section limits Growwr’s right to improve, evolve, secure, or discontinue the Services or any portion thereof in accordance with these Terms and Applicable Law.