These terms and conditions apply between you, the User of Services provided and GrowthPanels, the owner of the Services and this Website. Your agreement to comply with and be bound by these terms and conditions and to grant any and all licences required is deemed to occur upon your acceptance of these terms and conditions prior to your first use of the Services.
1. DEFINITIONS AND INTERPRETATION
In these terms and conditions, unless the context otherwise requires, the following expressions have the following meanings: “Account” means collectively the personal information, payment information and credentials used by Users to access the Services through the Web Site; “Agreement” means this binding agreement that shall come into effect between the User and GrowthPanels following the User’s acceptance of these terms and conditions and which shall incorporate these terms and conditions; “Client” means any organisation who chooses to implement GrowthPanels within their organisation.; “Content” means any text, graphics, images, audio, video, software, data compilations and any other form of information capable of being stored in a computer that appears on or forms part of the Website; “Fees” means the sum of money paid by Users at monthly or annual intervals to keep their Account active and to enable them to access the Services; "GDPR" means the EU General Data Protection Regulation; “Personal Data” means any information relating to an identifiable person who can be directly or indirectly identified in particular by reference to an identifier; “Services” means collectively the online facilities, tools, services or information that GrowthPanels makes available through the Website either now or in the future; “SubscriptionPeriod” means the period for which a subscription has been purchased by way of payment of Fees; “User / Users” means any third party that accesses the Website and the Services that is not employed by GrowthPanels and acting in the course of their employment; and “Website” means the website on which these terms and conditions appear (GrowthPanels.ai) and any sub domains of that website accessed over any protocol, unless expressly excluded by these terms and conditions.
1. Unless the context otherwise requires, each reference in these terms and conditions to:
2: “writing” and any cognate expression includes a reference to any communication effected by electronic or facsimile transmission or similar means;
3: a statute or a provision of a statute is a reference to that statute or provision as amended or re-enacted at the relevant time;
4: a Clause or paragraph is a reference to a Clause of these terms and conditions.
5: the headings and numbering used in these terms and conditions are for convenience only and shall have no effect upon the interpretation of these terms and conditions.
6. Words imparting the singular number shall include the plural and vice versa.
2. PROVISION OF SERVICES
1. GrowthPanels shall use its best and reasonable endeavours to provide the Services on an error-free basis and without interruption.
2. Notwithstanding, GrowthPanels does not provide any guarantee that the provision of the Services shall be error-free or without interruption and reserves the right to alter or suspend the provision of the Services without prior notice to Users. By accepting these terms and conditions, the User acknowledges that the Services may change in form or nature at any time.
3. GrowthPanels shall have the right, exercisable at its sole discretion, to terminate provision of the Services without prior notice to Users.
4. Notwithstanding GrowthPanels’s right to perform any of the actions detailed in this Clause without prior notice, GrowthPanels shall use its best and reasonable endeavours to provide such notice whenever possible.
3. ACCESS TO SERVICES
1. The User represents and warrants that they have the authority to enter into the Agreement, to use the Services, and to perform any and all acts as may be necessary under these terms and conditions.
2. If the User is unable to comply with the requirements of Clause 3.1, they shall be prohibited from using the Services and must not accept these terms and conditions.
3. In order to use the Services and to submit or create Content, Users are required to create an Account and to submit certain personal details. By accepting these terms and conditions, the User represents and warrants that:1. any information that is submitted is accurate and truthful;
4. all such information will be kept accurate and up-to-date;
5. the means by which they identify themselves does not violate any part of these terms and conditions or any applicable laws.
6. If the User has reason to believe that their Account details have been obtained by another without consent, the User should contact GrowthPanels immediately to suspend their Account and cancel any unauthorised orders or payments that may be pending. In the event that unauthorised use is made prior to the User notifying GrowthPanels of the unauthorised nature of the order or payment, GrowthPanels will suspend access to the Services and the withdrawal of any scheduled payments pending investigation.
Following investigation, it shall be determined whether or not to cancel access to the Services and make a full or partial refund of the payment to the User.
7. The terms of Clause 3.4 shall apply notwithstanding any related provisions in Clause 16.
1. Fees commence when a user enters into a new subscription with GrowthPanels, either before or after a trial. The User’s credit / debit card will be billed on activation and monthly/annually thereafter (depending on if the User has a monthly or annual subscription). One-off payments are charged at the time of payment.
2. The first payment will be at the price advertised on the Website. GrowthPanels reserves the right to change Fees from time to time.
3. If a User cancels their Account, access to GrowthPanels will terminate at the end of that paid period. No refunds will be available.
4. If a User’s payment fails to clear or is declined for whatever reason, then access to the service will be immediately suspended. The service will re-commence once a debit or credit card payment is successfully completed.
5. USE OF SERVICES
1. Users are permitted to use the Services only in accordance with the following:
1. these terms and conditions; and
2. any relevant law, regulation or other applicable instrument in their particular jurisdiction.
3. Subject to any express agreement to the contrary, Users may only access the Services through the normal means provided by GrowthPanels. Users shall not attempt to download, convert, crawl or otherwise reverse-engineer any part of the Services.
4. The restrictions set out in Clause 5.3 shall not apply to Content submitted or created by a particular User where that User is downloading their Content, using the service as intended.
5. Users may not engage in any conduct that may disrupt the provision of the Services by GrowthPanels.
6. Users may not reproduce, copy, duplicate, trade or resell the Services.
7. Users’ rights to use the Services are non-exclusive, non-transferrable and fully revocable at GrowthPanels’s discretion.
6. INTELLECTUAL PROPERTY
1. Subject to the exceptions in Clause 7 of these terms and conditions, all Content included on the Website, unless submitted or created by Users, including, but not limited to, text, graphics, logos, icons, images,sound clips, video clips, data compilations, page layout, underlying code and software is the property of GrowthPanels, our affiliates or other relevant third parties. By accepting these terms and conditions, the User acknowledges that such material is protected by applicable United Kingdom and International intellectual property and other laws.
2. Subject to Clause 9, Users may not reproduce, copy, distribute, store or in any other fashion re-use material from the Website unless otherwise indicated on the Website or unless given express written permission to do so by GrowthPanels.
7. THIRD-PARTY INTELLECTUAL PROPERTY
1. Where expressly indicated, certain content, such as advertising material, and the Intellectual Property Rights subsisting therein belongs to other parties. This Content, unless expressly stated to be so, is not covered by any permission granted by Clause 6 of these Terms and Conditions to use Content from the Web Site. The exceptions in Clause 9 continue to apply. Any such Content will be accompanied by a notice providing the contact details of the owner and any separate use policy that may be relevant.
8. USER CONTENT AND INTELLECTUAL PROPERTY
When using the Services to create Content, Users should do so in accordance with the following rules:
1. Users must not send Content that is unlawful or otherwise objectionable. This includes but is not limited to, Content that is abusive, threatening, harassing, defamatory or fraudulent.
2. Users must not send Content that is intended to promote or incite violence
3. Users must not submit Content that may contain viruses or any other software or instructions that may damage or disrupt other software, computer hardware or communications networks.
4. Users must not impersonate other people, particularly employees and representatives of GrowthPanels or our affiliates.
5. Users must not use the Services for unauthorised mass communication such as “spam”.
6. Data subtitled must not contain anything that would be deemed as a Special category of Data under GDPR, including but not limited to race or ethnic origin, political beliefs, trade union memberships, data concerning health or data concerning a natural person’s sex life or sexual orientation. GrowthPanels has the right, but not the obligation, to pre or post-screen Content sent or created by Users and may flag or filter any Content that it deems inappropriate. If any Content is found to be in breach of these terms and conditions, GrowthPanels reserves the right to remove it without notice and may, at its sole discretion, terminate the responsible User’s access to the Services. Users are solely responsible for any and all Content that they send using our Services. GrowthPanels does not endorse, support, represent or otherwise guarantee the accuracy or reliability of such Content. Subject to sub-Clause 8.4, Users use the Services at their own risk. By submitting or creating Content, Users warrant and represent that they are the author of such Content and / or that they have acquired all of the appropriate rights and / or permissions to use the Content in this fashion. GrowthPanels accepts no responsibility or liability for any infringement of third-party rights by such Content. Further, Users waive all moral rights in any and all Content that they submit or create to be named as its author. GrowthPanels accepts no responsibility or liability for any infringement of third-party rights by such Content. By accepting these terms and conditions, the User grants a non-exclusive, worldwide, perpetual licence to GrowthPanels to copy, distribute, transmit, display, transmit and reformat all Content for the purpose of providing the Services. The User represents and warrants that they have all necessary rights, power and authority to grant the licence described in Clause 8.7.
9. FAIR USE OF INTELLECTUAL PROPERTY
Content may be copied, transmitted, performed, adapted, or otherwise re-used without written permission where any of the exceptions detailed in the Copyright Designs and Patents Act 1988 or other relevant legislation apply.
10. LINKS TO OTHER WEBSITES
This Website may provide links to other websites as part of the Services. Unless expressly stated, such websites are not under the control of GrowthPanels or that of our affiliates. GrowthPanels assumes no responsibility for the content of the websites and disclaims liability for any and all forms of loss or damage arising out of the use of them. The inclusion of a link to another website on this Website does not imply any endorsement of that website or of those in control of it.
11. PRIVACY AND DATA PROTECTION
1. For the purposes of understanding roles in regard to the General Data Protection Regulation (GDPR) (Regulation (EU) 2016/679) - GrowthPanels is defined as the Data Processor and the Client is the Data Controller.
3. The Client, as Data Controller, appoints GrowthPanels as a Processor to process the Personal Data as described on the Client’s behalf.
4. GrowthPanels will only process the Personal Data to provide the Services or otherwise to comply with applicable laws or regulatory requirements.
5. GrowthPanels will ensure that any person with access to or processing the Personal Data is subject to a duty of confidence,
6. GrowthPanels will take appropriate technical and organisational security measures to ensure the security of processing and protect the Personal Data from accidental or unlawful destruction, loss, alteration, unauthorised access or disclosure or unlawful processing. The Client authorises GrowthPanels to appoint sub-processors as they deem appropriate or necessary for the provision of the Services.
7. GrowthPanels will assist the Client in providing subject access and allowing data subjects to exercise their rights under the GDPR.
GrowthPanels will assist the Client in meeting its GDPR obligations in relation to the security of processing, the notification of personal data breaches and data protection impact assessments.
9. GrowthPanels will provide mechanisms for the Client to download all Personal Data at any time, to delete the record of a single Data Subject, and to delete all Personal Data at the end of the contract.
10. The Client may exercise their right of Audit under GDPR legislation through GrowthPanels providing an audit report not older than 18 months prepared by an independent external auditor demonstrating GrowthPanels’s technical and organisational measures are sufficient to meet the obligations of a Data Processor under GDPR.
11. GrowthPanels will submit to Client audits and inspections, provided the Client pays an applicable audit fee in full and in advance of the commencement of such audit.
12. GrowthPanels will immediately inform the Client if it is asked to do something infringing the GDPR or other data protection laws of the EU or a member state.
13. Nothing within this contract relieves GrowthPanels of its own direct responsibilities and liabilities under the GDPR.