28.1 Force Majeure Events

Growwr shall not be liable for any delay, interruption, failure, or inability to perform its obligations under these Terms to the extent such delay, interruption, failure, or inability results from events or circumstances beyond Growwr’s reasonable control (”Force Majeure Event”).

Force Majeure Events include, without limitation:

• acts of God;
• natural disasters;
• earthquakes;
• floods;
• hurricanes;
• wildfires;
• epidemics or pandemics;
• public health emergencies;
• war;
• armed conflict;
• terrorism;
• civil unrest;
• riots;
• labor disputes or strikes not involving Growwr’s own employees where legally attributable;
• governmental actions;
• changes in Applicable Law;
• sanctions;
• embargoes;
• export restrictions;
• court orders;
• regulatory actions;
• failures of utilities;
• power outages;
• internet disruptions;
• telecommunications failures;
• failures of cloud infrastructure;
• failures of Third-Party Services;
• cyberattacks;
• denial-of-service attacks;
• widespread security incidents;
• shortages of materials or services;
• transportation disruptions; and
• any other event beyond Growwr’s reasonable control.

28.2 Suspension of Performance

Where a Force Majeure Event prevents, delays, or materially interferes with Growwr’s performance of its obligations, Growwr’s affected obligations shall be suspended for the duration of the Force Majeure Event and for such additional period as is reasonably necessary to resume normal operations.

Growwr shall not be deemed in breach of these Terms for any delay or failure to perform resulting from a Force Majeure Event.

28.3 Reasonable Mitigation

Growwr will use commercially reasonable efforts to mitigate the effects of a Force Majeure Event and to restore affected Services as soon as reasonably practicable under the circumstances.

Nothing in this Section requires Growwr to:

• settle labor disputes;
• incur unreasonable costs;
• compromise platform security;
• violate Applicable Law;
• expose its personnel or users to unreasonable risks; or
• continue operations where doing so is commercially impracticable or unsafe.

28.4 Third-Party Service Disruptions

Because the Services depend upon Third-Party Services, Growwr shall not be liable for delays, interruptions, failures, or degradation of the Services resulting from Force Majeure Events affecting:

• cloud infrastructure providers;
• payment processors;
• banking partners;
• identity verification providers;
• artificial intelligence providers;
• communications providers;
• internet service providers;
• telecommunications carriers;
• utility providers; or
• other independent Service Providers.

Growwr may temporarily suspend or modify affected functionality until such Third-Party Services are restored or suitable alternatives become available.

28.5 User Obligations During Force Majeure Events

Users remain responsible for complying with these Terms to the extent reasonably possible during a Force Majeure Event.

Where reasonably necessary to protect the Services, users, or compliance obligations, Growwr may:

• temporarily suspend Accounts;
• delay payments or payouts;
• postpone verification activities;
• modify operational procedures;
• limit access to certain features;
• implement emergency security measures; or
• take any other reasonable action necessary to respond to the Force Majeure Event.

28.6 Business Continuity and Disaster Recovery

Growwr maintains business continuity and disaster recovery processes designed to support the continued operation and recovery of the Services during significant operational disruptions.

While Growwr endeavors to restore Services as promptly as reasonably practicable, Growwr does not warrant that:

• all Services will remain continuously available during a Force Majeure Event;
• recovery will occur within any specific timeframe;
• all data will remain immediately accessible; or
• all platform functionality will remain unaffected.

28.7 Notice

Where reasonably practicable and appropriate under the circumstances, Growwr may provide notice of a Force Majeure Event through:

• the Services;
• email;
• Growwr’s website;
• status pages;
• customer communications; or
• other reasonable communication channels.

Failure to provide notice shall not prevent Growwr from relying upon this Section where circumstances make notice impracticable or impossible.

28.8 Extended Force Majeure

If a Force Majeure Event continues for an extended period such that continued performance becomes commercially impracticable or legally impossible, Growwr may, upon reasonable notice where practicable:

• suspend affected Services;
• discontinue particular features;
• terminate affected portions of the Services;
• terminate these Terms with respect to affected Services; or
• implement alternative methods of performance where commercially reasonable.

Neither party shall be liable solely because Growwr exercises its rights under this Section in response to a prolonged Force Majeure Event.

28.9 No Waiver of Other Rights

The occurrence of a Force Majeure Event does not waive or limit any other rights or remedies available to Growwr under these Terms or Applicable Law.

Nothing in this Section limits Growwr’s rights to:

• suspend or terminate Accounts;
• enforce these Terms;
• investigate fraud or security incidents;
• comply with legal or regulatory obligations; or
• protect the security, integrity, and lawful operation of the Services.

28.10 Reservation of Rights

Growwr reserves the right to implement emergency operational measures, modify Service delivery, prioritize critical platform functions, allocate resources, and take any other actions reasonably necessary to respond to a Force Majeure Event and protect the interests of Growwr, its users, Service Providers, and other stakeholders.

Nothing in this Section shall be interpreted as requiring Growwr to maintain any particular level of service, operational capacity, or functionality during circumstances beyond its reasonable control.