Terms and Conditions

General

This website (“Growmatic," or the “Site”) is owned and operated by Kinetic Wealth, Inc. d/b/a “Growmatic” (known collectively in this Agreement as “Growmatic,” “Company,” “we” or “us”). By using the Site, You agree to be bound by these Terms of Service and to use the Site in accordance with these Terms of Service, our Privacy Policy and any additional terms and conditions that may apply to specific sections of the Site or to products and services available through the Site or from Growmatic. Accessing the Site, in any manner, whether automated or otherwise, constitutes use of the Site and your agreement to be bound by these Terms of Service. Please read the Terms of Service carefully, as they form your entire agreement with us.

We reserve the right to change these Terms of Service or to impose new conditions on the use of the Site from time to time, in which case we will post the revised Terms of Service on this website. By continuing to use the Site after we post any such changes, you accept the Terms of Service, as modified.

SMS Policy

  1. Growmatic sends appointment confirmation and reminder SMS messages to clients after they have booked an appointment on website growmatic.ai and opted-in to receive promotional and notification SMS from Growmatic.

  2. .You can cancel the SMS service at any time. Simply text "STOP" to the shortcode. Upon sending "STOP," we will confirm your unsubscribe status via SMS. Following this confirmation, you will no longer receive SMS messages from us. To rejoin, sign up as you did initially, and we will resume sending SMS messages to you.

  3. If you experience issues with the messaging program, reply with the keyword HELP for more assistance, or reach out directly to [email protected].

  4. Carriers are not liable for delayed or undelivered messages.

  5. As always, message and data rates may apply for messages sent to you from us and to us from you. Message frequency varies. For questions about your text plan or data plan, contact your wireless provider.

  6. For privacy-related inquiries, please refer to our privacy policy.

Our Limited License to You

This Site and all the materials available on the Site are the property of us and/or our external partners or liscensors, and are protected by copyright, trademark, and other intellectual property laws. The Site is provided solely for your personal use. You may not use the Site or the materials available on the Site in a manner that constitutes an infringement of our rights or that has not been authorized by us. More specifically, unless explicitly authorized in these Terms of Service or by the owner of the materials, you may not modify, copy, reproduce, republish, upload, post, transmit, translate, sell, create derivative works, exploit, or distribute in any manner or medium (including by email or other electronic means) any material from the Site. You may, however, from time to time, download and/or print one copy of individual pages of the Site for your personal, non-commercial use, provided that you keep intact all copyright and other proprietary notices.

Your License to Us

By posting or submitting any material (including, without limitation, comments, blog entries, social media postings, photos and videos) to us via the Site, internet groups, social media venues, or to any of our staff via email, text or otherwise, you are representing: (i) that you are the owner of the material, or are making your posting or submission with the express consent of the owner of the material; and (ii) that you are thirteen years of age or older. In addition, when you submit, email, text or deliver or post any material, you are granting us, and anyone authorized by us, a royalty-free, perpetual, irrevocable, non-exclusive, unrestricted, worldwide license to use, copy, modify, transmit, sell, exploit, create derivative works from, distribute, and/or publicly perform or display such material, in whole or in part, in any manner or medium, now known or hereafter developed, for any purpose. The foregoing grant shall include the right to exploit any proprietary rights in such posting or submission, including, but not limited to, rights under copyright, trademark, service mark or patent laws under any relevant jurisdiction. Also, in connection with the exercise of such rights, you grant us, and anyone authorized by us, the right to identify you as the author of any of your postings or submissions by name, email address or screen name, as we deem appropriate.

You acknowledge and agree that any contributions originally created by you for us shall have all your rights in such contributions transferred to Growmatic. As such, the copyrights, and any other rights, in those works shall belong to Growmatic from their creation. Thus, Growmatic shall be deemed the author and exclusive owner thereof and shall have the right to exploit any or all the results and proceeds in any and all media, now known or hereafter devised, throughout the universe, in perpetuity, in all languages, as Growmatic determines. You hereby, without additional compensation, irrevocably assign, convey and transfer to Growmatic all proprietary rights, including without limitation, all copyrights and trademarks throughout the universe, in perpetuity in every medium, whether now known or hereafter devised, to such material and any and all right, title and interest in and to all such proprietary rights in every medium, whether now known or hereafter devised, throughout the universe, in perpetuity. Any posted material which are reproductions of prior works by you shall be co-owned by us.


You acknowledge that Growmatic has the right but not the obligation to use and display any postings or contributions of any kind and that Growmatic may elect to cease the use and display of any such materials (or any portion thereof), at any time for any reason whatsoever.

Limitations on Linking and Framing. You may establish a hypertext link to the Site so long as the link does not state or imply any sponsorship of your site by us or by the Site. However, you may not, without our prior written permission, frame or inline link any of the content of the Site or incorporate into another website or other service any of our material, content or intellectual property.

Disclaimers

Throughout the Site, we may provide links and pointers to Internet sites maintained by external partners. Our linking to such external partner sites does not imply an endorsement or sponsorship of such sites, or the information, products or services offered on or through the sites. In addition, neither we nor external partners operate or control in any respect any information, products, or services that external partners may provide on or through the Site or on websites linked to by us on the Site.

If applicable, any opinions, advice, statements, services, offers, or other information or content expressed or made available by external partners including information providers, are those of the respective authors or distributors, and not Growmatic. Neither Growmatic nor any external partner provider of information guarantees the accuracy, completeness, or usefulness of any content. Furthermore, Growmatic neither endorses nor is responsible for the accuracy and reliability of any opinion, advice, or statement made on any of the Sites by anyone other than an authorized Growmatic representative while acting in his/her official capacity.

THE INFORMATION, PRODUCTS AND SERVICES OFFERED ON OR THROUGH THE SITE AND BY Growmatic AND ANY EXTERNAL PARTNERS SITES ARE PROVIDED “AS IS” AND WITHOUT WARRANTIES OF ANY KIND EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. WE DO NOT WARRANT THAT THE SITE OR ANY OF ITS FUNCTIONS WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT ANY PART OF THIS SITE, INCLUDING BULLETIN BOARDS, OR THE SERVERS THAT MAKE IT AVAILABLE, ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.

WE DO NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OF OUR INFORMATION OR ADVICE, THE USE OR THE RESULTS OF THE USE OF THE SITE OR MATERIALS ON THIS SITE OR ON EXTERNAL PARTNER SITES IN TERMS OF THEIR CORRECTNESS, ACCURACY, TIMELINESS, RELIABILITY OR OTHERWISE. ALL RESULTS FROM THE IMPLEMENTATION OF ANY INFORMATION OR ADVICE OBTAINED WILL BE STRICTLY AT YOUR OWN RISK.

You agree at all times to defend, indemnify and hold harmless Growmatic its external partners, their successors, transferees, assignees and licensees and their respective parent and subsidiary companies, agents, associates, officers, directors, shareholders and employees of each from and against any and all claims, causes of action, damages, liabilities, costs and expenses, including legal fees and expenses, arising out of or related to your breach of any obligation, warranty, representation or covenant set forth herein.

Confidentiality

You agree that any written information exchanged between Us in connection with this agreement are regarded as confidential information. You shall maintain the confidentiality of all such confidential information, and, without obtaining our written consent, shall not disclose any relevant confidential information to any external partners, except for the information that: (a) is or will be in the public domain (other than through the receiving Party’s unauthorized disclosure); (b) is under the obligation to be disclosed pursuant to the applicable laws or regulations, or orders of the court or other government authorities, (c) is required to be disclosed to your shareholders, investors, legal counsels regarding your use of the website contemplated hereunder, provided that such shareholders, investors, legal counsels shall be bound by the confidentiality obligations similar to those set forth in this section.


Non-Disparagement

Occasionally, even friends may disagree. But, we believe that there is almost nothing that can't be solved by reasonable minds meeting in good faith in private. Public disparagement tends to harm both the disparager and their target. Because of this, you agree to refrain from intentionally making any public communication that is intended to criticize or disparage Growmatic or Kinetic Wealth, Inc. or their staff. Nothing set forth herein shall be interpreted to prohibit either party from responding truthfully to incorrect public statements, making truthful statements when required by applicable law, valid subpoena or final court order or responding to any inquiry by a governmental authority having competent jurisdiction. Because disparagement will harm our brand, and because it is difficult to quantify the value of that damage, you agree to pay the greater of USD $500 per day, or such amount a court of law deems to be fair, to Growmatic as liquidated damages for each day your disparagement is publicly available.

No Waiver – No waiver of any provision hereof shall be effective unless made in writing and agreed to by both parties. The failure of any party to require the performance of any term or obligation of this Agreement, or the waiver by any party of any breach of this Agreement, shall not prevent any subsequent enforcement of such term or obligation or be deemed a waiver of any subsequent breach.

Severability – Unenforceability or invalidity of one or more clauses in this Agreement shall not have an effect on any other clause in this Agreement, and the clause(s) shall be regarded as stricken. If it is possible, any unenforceable or invalid clause in this Agreement shall be modified to show the original intention of the parties.

Governing Law – This Agreement shall be exclusively governed by the laws of the state of California, USA.

This policy may be changed at any time at our discretion. If we should update this policy, we will post the updates to this page on our Website. By continuing to use the Site after we post any such changes, you accept the changes to the policy as modified.

If you have any questions or concerns regarding our privacy policy, please direct them to the company contact details..

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