25.1 Scope of Limitation

To the fullest extent permitted by Applicable Law, the limitations of liability set forth in this Section apply to all claims arising out of or relating to:

• these Terms;
• the Services;
• Growwr AI;
• Growwr Talent;
• Growwr Pay;
• the Marketplace;
• Verification Services;
• APIs;
• Workspaces;
• User Content;
• Third-Party Services; and
• any other products or services provided by Growwr.

These limitations apply regardless of the legal theory on which a claim is based, including contract, tort (including negligence), strict liability, statutory liability, misrepresentation, restitution, or any other legal or equitable theory.

25.2 Exclusion of Indirect Damages

To the fullest extent permitted by Applicable Law, Growwr, its Affiliates, officers, directors, employees, contractors, shareholders, agents, licensors, Service Providers, successors, and assigns shall not be liable for any indirect, incidental, consequential, special, exemplary, punitive, or enhanced damages arising out of or relating to the Services, including, without limitation:

• loss of profits;
• loss of revenue;
• loss of income;
• loss of business opportunities;
• loss of goodwill;
• loss of customers;
• reputational harm;
• loss of anticipated savings;
• business interruption;
• downtime;
• loss of productivity;
• loss or corruption of data;
• loss of use;
• procurement of substitute services;
• interruption of Projects;
• employment-related losses; or
• any other indirect or consequential damages,

even if Growwr has been advised of the possibility of such damages or such damages were otherwise foreseeable.

25.3 Maximum Liability

To the fullest extent permitted by Applicable Law, Growwr’s aggregate liability arising out of or relating to these Terms or the Services shall not exceed the greater of:

1. the total fees actually paid by you directly to Growwr for the Services giving rise to the claim during the twelve (12) months immediately preceding the event giving rise to the claim; or
2. US$100.00.

This limitation applies collectively to all claims arising from the same or related events.

Amounts processed by Growwr Pay on behalf of users, payments exchanged between Employers and Talent, or amounts paid to third-party providers shall not be considered fees paid to Growwr for purposes of calculating this liability cap unless such amounts constitute Growwr’s own service fees.

25.4 No Liability for User Conduct

Growwr shall not be liable for the acts, omissions, conduct, representations, communications, services, products, or contractual performance of:

• Employers;
• Talent;
• Organizations;
• Authorized Users;
• visitors;
• applicants;
• contractors;
• third-party recruiters; or
• any other users of the Services.

Any dispute between users remains solely between those users except to the extent Growwr expressly agrees otherwise in writing.

25.5 No Liability for Hiring or Employment Decisions

Growwr shall not be liable for any hiring, recruitment, employment, contracting, promotion, termination, compensation, classification, disciplinary, immigration, tax, workplace, or other employment-related decisions made by Employers, Talent, or other users.

Users remain solely responsible for exercising independent judgment and conducting appropriate due diligence before entering into employment or commercial relationships.

25.6 No Liability for AI Outputs

Growwr shall not be liable for any decision, action, omission, loss, or damage resulting from:

• AI-generated recommendations;
• automated matching;
• interview analysis;
• rankings;
• summaries;
• evaluations;
• classifications;
• generated documents;
• predictive analytics;
• automated workflows; or
• any other AI-generated output.

Users remain solely responsible for reviewing, validating, and independently evaluating AI-generated outputs before relying upon them.

25.7 No Liability for Verification Services

Growwr shall not be liable for losses arising from:

• inaccurate verification information;
• incomplete verification records;
• fraudulent documentation;
• identity fraud;
• changes occurring after verification;
• omissions in third-party databases;
• verification decisions;
• reliance upon verification badges; or
• future conduct of verified users.

Verification is intended only as an evidence-based trust mechanism and does not constitute a guarantee.

25.8 No Liability for Third-Party Services

Growwr shall not be liable for losses arising from the acts, omissions, failures, outages, security incidents, delays, inaccuracies, or policies of Third-Party Services, including:

• payment processors;
• cloud providers;
• artificial intelligence providers;
• verification providers;
• communications providers;
• analytics providers;
• banking partners; or
• other Service Providers.

Where a Third-Party Service becomes unavailable or experiences operational issues, Growwr may, but is not obligated to, provide reasonable alternative functionality where commercially practicable.

25.9 No Liability for Security Incidents

To the fullest extent permitted by Applicable Law, Growwr shall not be liable for losses arising from:

• cyberattacks;
• unauthorized access;
• phishing attacks;
• credential theft;
• malware;
• ransomware;
• denial-of-service attacks;
• data breaches caused by third parties;
• failures of internet infrastructure;
• telecommunications failures; or
• other cybersecurity incidents beyond Growwr’s reasonable control.

Nothing in this Section limits Growwr’s obligations that cannot lawfully be excluded under Applicable Law.

25.10 Force Majeure and External Events

Growwr shall not be liable for any delay, interruption, failure, or loss resulting from events beyond its reasonable control, including those described in the Force Majeure provisions of these Terms.

25.11 Exclusive Remedy

Except where otherwise required by Applicable Law, the remedies expressly provided under these Terms constitute your exclusive remedies against Growwr arising from or relating to the Services.

You acknowledge that the pricing, commercial structure, and availability of the Services reflect the allocation of risk contained in these Terms, including this Limitation of Liability Section.

25.12 Exceptions

Nothing in these Terms excludes or limits liability for:

• death or personal injury caused by negligence where such liability cannot lawfully be excluded;
• fraud or fraudulent misrepresentation;
• willful misconduct where limitation is prohibited by Applicable Law; or
• any other liability that cannot be excluded or limited under Applicable Law.

If Applicable Law prohibits any portion of this Section, that portion shall be enforced only to the maximum extent permitted, and the remaining provisions shall remain in full force and effect.

25.13 Time Limitation for Claims

To the fullest extent permitted by Applicable Law, any claim arising out of or relating to these Terms or the Services must be commenced within one (1) year after the claim arose or reasonably should have been discovered.

Any claim not commenced within this period shall be permanently barred.

This limitation shall not apply where a longer limitation period is required by non-waivable Applicable Law.

25.14 Reservation of Rights

The limitations and exclusions contained in this Section are cumulative, independent, and shall survive the termination or expiration of these Terms.

If any limitation or exclusion is determined to be unenforceable in a particular jurisdiction, the remaining provisions shall remain enforceable to the fullest extent permitted by Applicable Law.

Nothing in this Section limits any other disclaimer, exclusion, defense, immunity, limitation, or protection available to Growwr under these Terms, contract, equity, or Applicable Law.