Terms & Conditions

Welcome to GrowingAI (“we”, “us”, “our”). These Terms & Conditions (“Terms”) govern your access to and use of our website growingai.in and our services, including AI-powered digital marketing and custom AI automation solutions. By visiting our website, requesting a proposal, or engaging our services, you agree to these Terms.

1) Definitions

• “Client”, “you”, “your” means the individual or legal entity using our website or engaging our services.
• “Services” means AI digital marketing, SEO/ads/content, analytics, chatbots, and custom AI/automation delivered by us.
• “SOW” means the mutually agreed Statement of Work, proposal, or order form describing scope, fees, and timelines.
• “Deliverables” means the outputs we create per SOW (e.g., campaigns, content, models, workflows, dashboards).

2) Acceptance of Terms

By accessing the website or engaging our Services, you confirm that you have read, understood, and agree to be bound by these Terms, our Privacy Policy, any SOW, and any policies we publish from time to time.

3) Eligibility & Accounts

• You must be at least the age of majority in your jurisdiction and authorized to bind your organization.
• If you create or are given an account or portal access, you are responsible for maintaining the confidentiality of credentials and all activities under your account.

4) Services & Scope

• We provide Services as described on our website and/or in the relevant SOW. In case of conflict, the SOW prevails.
• Timelines and outcomes depend on Client inputs, approvals, third-party platforms, and market conditions.
• We may use subcontractors and trusted partners to deliver parts of the Services; we remain responsible for overall delivery per SOW.

5) Orders, Fees & Payments

• Fees, milestones, and billing frequency are defined in the SOW. Prices are exclusive of applicable taxes unless stated otherwise.
• Invoices are due as stated in the SOW (typically upon receipt or within 7-15 days). Late payments may incur interest or suspension of Services.
• Set-up fees and consumed media/ad spend are non-refundable. Third-party platform costs (e.g., ad budgets, SaaS fees) are borne by the Client unless specified.

6) Refunds, Cancellations & Pauses

• Monthly/retainer Services can be cancelled with written notice per SOW (commonly 15–30 days). Work already performed or committed 3rd-party costs are payable.
• For fixed-scope projects, cancellation before completion may require payment for completed phases plus reasonable wind-down costs.
• We may pause or terminate Services for non-payment, breach of Terms, unlawful content, or risk to platform integrity/security.

7) Client Responsibilities

• Provide timely information, approvals, and platform access (e.g., ads accounts, analytics, CRM, websites, hosting).
• Ensure provided data, content, and instructions are accurate, lawful, and do not infringe third-party rights.
• Maintain required licenses/permissions for any data or materials you ask us to process.

8) Intellectual Property (IP)

• Your IP: You retain rights to your pre-existing materials, data, trademarks, and content you provide.
• Our IP & Tools: Our pre-existing frameworks, prompts, templates, libraries, and internal tooling remain our property.
• Deliverables: Upon full payment, you receive a non-exclusive license (or ownership if expressly stated in SOW) to use Deliverables for your business. Third-party licenses continue to be owned by those licensors.
• Unless otherwise agreed, we may showcase non-confidential outcomes (e.g., metrics, visuals) as portfolio examples without revealing sensitive data.

9) License & Acceptable Use

• You must not use the Services for unlawful activities, spam, malware, scraping without permission, or to violate platform terms.
• You must not reverse engineer or resell our internal tooling unless expressly permitted.
• We may suspend Services for suspected abuse, security risks, or law enforcement requests.

10) Confidentiality

• Both parties will keep each other’s non-public information confidential and use it only for delivering/receiving Services.
• Confidentiality obligations continue for at least 2 years after termination, except for information that becomes public or is independently developed.

11) Data Protection & Privacy

• We handle personal data in line with our Privacy Policy and applicable laws (including India’s DPDP Act and, where relevant, GDPR concepts).
• You are responsible for having a lawful basis for the personal data you ask us to process and for honouring data subject rights requests that are within your control.
• We may act as a processor with respect to certain data and as an independent controller for our own operational data (billing, communications, security logs).

12) AI & Automation Specific Disclosures

• AI outputs can be probabilistic. We implement guardrails and reviews, but you should verify critical outputs (legal/medical/financial/regulated claims).
• Performance depends on model behaviour, training limitations, third-party APIs, and data quality. No outcome is guaranteed (e.g., rankings, conversions).
• Where required, we will apply retrieval-augmented generation (RAG), policy checks, and human-in-the-loop reviews for sensitive workflows.

13) Third-Party Services & Platforms

• The Services may rely on third-party tools (e.g., Google, Meta, OpenAI, analytics, CRMs). Each provider’s terms and privacy policies apply.
• We are not liable for outages, policy changes, or defects of third-party platforms beyond our reasonable control.

14) Warranties & Disclaimers

• We provide Services using reasonable care and skill. Except as set out in the SOW, the Services and website are provided “as is” and “as available.”
• We disclaim all implied warranties (merchantability, fitness for a particular purpose, non-infringement) to the fullest extent permitted by law.

15) Limitation of Liability

• To the maximum extent permitted by law, neither party is liable for indirect, incidental, special, consequential, or punitive damages, loss of profits, revenue, or data.
• Our aggregate liability for claims arising out of or related to the Services is limited to the fees paid by you to us in the 3 months preceding the event giving rise to the claim, unless otherwise required by law.

16) Indemnity

You agree to indemnify and hold us harmless from claims, damages, and costs arising from (a) your unlawful use of the Services, (b) materials or data you provide, or (c) your breach of these Terms or third-party rights.

17) Non-Solicitation (Optional)

During the engagement and for 6 months thereafter, you agree not to directly solicit our employees or key contractors for employment related to identical Services, without our written consent.

18) Service Levels & Support

• Response times and support windows are defined in the SOW (e.g., business hours: Mon–Sat 10:00–19:00 IST).
• Emergency/after-hours support may be separately billable unless specified.

19) Force Majeure

Neither party is liable for delays or failures caused by events beyond reasonable control (including outages, cyber incidents, natural disasters, strikes, or governmental actions).

20) Changes to Terms

We may update these Terms to reflect changes in laws, platforms, or our practices. Updates take effect when posted here with a revised “Last Updated” date. Material changes may be notified by email or website notice.

21) Governing Law & Dispute Resolution

• These Terms are governed by the laws of India. Courts at Sikar, Rajasthan (or nearest competent court in Rajasthan) have exclusive jurisdiction.
• Before litigation, parties will attempt good-faith resolution. If agreed in SOW, disputes may be referred to arbitration under the Arbitration and Conciliation Act, 1996, seat in Rajasthan, proceedings in English/Hindi.

22) Contact

• Email: info@growingai.in
• Phone/WhatsApp: +91-6377767206
• Address: Main Market, Laxmangarh, Sikar, Rajasthan, India