Terms of Service

PLEASE READ THIS TERMS OF SERVICE AGREEMENT CAREFULLY. BY USING THIS PLATFORM OR CONTENT YOU AGREE TO BE BOUND BY ALL OF THE TERMS AND CONDITIONS SET FORTH IN THIS AGREEMENT.

1. Acceptance of Terms.

Grynow.ai provides its Service (as defined below) to You through its website located at grynow.ai (the “Site”), subject to this TOS and the terms of Your Services Agreement. As used herein, the “Services Agreement” shall mean the Services Agreement manually executed between You and Grynow.ai if any; By accepting this TOS or by accessing or using the Service or Site, You acknowledge that You have read, understood, and agree to be bound by this TOS. In the event of a conflict of terms between this TOS and your Services Agreement, the terms of your Services Agreement shall govern your relationship solely concerning any such conflicting terms. If You are entering into this Agreement on behalf of a company, business, or other legal entity, You represent that You have the authority to bind such entity and its affiliates to this Agreement, in which case the terms “You” or “Your” shall refer to such entity and its affiliates. If You do not have such authority, or if You do not agree with this TOS, You must not accept this TOS and may not use the Service. As part of the registration process, You will identify one or more administrative usernames and passwords for Your account (“Account”).

You can review the most current version of this TOS at any time at grynow.ai. The revised terms and conditions will become effective thirty (30) days after we post or send you notice of such changes, and if you use the Service after that date, your use will constitute acceptance of the revised terms and conditions. If You are subject to a Services Agreement and You do not consent to any changes to the TOS, you may, within 30 days of learning of such change (or logging into your Account), request a copy of the TOS which was in place at the time of entering your Services Agreement and the parties shall honour the terms of such prior version of the TOS.

2. Description of Service.

The “Service” is an online platform that provides access to profiles and audience demographic information for social influencers across major social channels as well as an automation solution to manage influencer marketing campaigns. The Service includes access to Grynow.ai content and data (“grynow.ai Content”) such as reports, graphs, and other presentations of data, as well as access to content and data that is not generated or maintained by Grynow.ai (“Third Party Data”). Notwithstanding anything to the contrary contained in this TOS or any Services Agreement, Grynow.ai undertakes no representations or warranties concerning Third Party Data. Any new features added to or augmenting the Service are also subject to this TOS.

3. General Conditions/ Access and Use of the Service.

Subject to the terms and conditions of this TOS, You may access and use the Service only for lawful purposes. All rights, title, and interest in and to the Service and its components will remain with and belong exclusively to Grynow.ai. unless otherwise indicated in Your Services Agreement, You shall not (a) sublicense, resell, rent, lease, transfer, assign, time share or otherwise commercially exploit or make the Service available to any third party; including without limitation, the development of a competing platform or access point for use or access to Grynow.ai Intellectual Property Rights or the Third Party Data, (b) use the Service in any unlawful manner (including without limitation in violation of any data, privacy or export control laws) or in any manner that interferes with or disrupts the integrity or performance of the Service or its components, (c) modify, adapt or hack the Service to, or otherwise attempt to gain unauthorised access to the Service or its related systems or networks, (d) store on any network, hard drive, computer or cloud-storage any Grynow.ai Intellectual Property Rights, Grynow.ai Content or Third Party Data or other information obtained from the Services or the Site for any period of more than 3 days after termination or expiration of this Agreement, or (e) monitor, copy, scan, review, index, mirror, ping or validate the Service via robot, spider, other automatic software or device, process, approach or methodology, manual or otherwise (including but not limited to by using any web scraping, data harvesting, or data extraction methods). You shall comply with any reasonable codes of conduct, policies, or other notices Grynow.ai provides You or publishes in connection with the Service, and You shall promptly notify Grynow.ai if You learn of a security breach related to the Service.

By using our platform Grynow.ai, you agree to be subject to our acceptable usage policy. This policy outlines the accepted usage of our platform and states that any usage that we deem to be scraping-level usage at our discretion may be subject to limitations. We reserve the right to place limits on usage as we see fit to ensure the best possible experience for all users of our platform. Any usage above 1,000 influencer reports in 30 days, over 100 influencer reports per day, or over 25,000 influencer searches is automatically flagged as scraping usage.

Any software that may be made available by Grynow.ai in connection with the Service (“Software”) contains proprietary and confidential information that is protected by applicable intellectual property and other laws. You agree not to access the Service by any means other than through the interface that is provided by Grynow.ai for use in accessing the Service. Any rights not expressly granted herein are reserved and no licence or right to use any trademark of Grynow.ai or any third party is granted to You in connection with the Service. Grynow.ai reserves the right to modify or discontinue, temporarily or permanently, the Service (or any part thereof) for any reason at all.

You are responsible for maintaining the confidentiality of Your login, password, and account and for all activities that occur under Your login or account. While Grynow.ai takes reasonable precautions concerning any information that you provide to us, You are solely responsible for any data, content, or other information or materials You provide to Grynow.ai (“Your Content”), including but not limited to Your compliance with any applicable laws, rules, or regulations concerning Your Content. By using the Service and providing Your Content to us, You understand and agree that Your Content may be shared with other users of the Service. Except as otherwise provided in this Agreement, You retain ownership of the content that you provide to us through the Services. Grynow.ai reserves the right to access Your Account to respond to Your requests for technical support and to investigate suspicious activity.

You understand that the operation of the Service, including Your Content, may be unencrypted and involve (a) transmissions over various networks; (b) changes to conform and adapt to technical requirements of connecting networks or devices, and (c) transmission to Grynow.ai third party vendors and hosting partners to provide the necessary hardware, software, networking, storage, and related technology required to operate and maintain the Service. Accordingly, You acknowledge that You bear sole responsibility for adequate security, protection, and backup of Your Content. Grynow.ai will have no liability to You for any unauthorised access or use of any of Your Content, or any corruption, deletion, destruction, or loss of any of Your Content. The Service may provide, or third parties may provide, links or other access to other sites and resources on the Internet. Grynow.ai has no control over such sites and resources and Grynow.ai is not responsible for anything contained therein or any result from use thereof. You further acknowledge and agree that Grynow.ai will not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any content, events, goods, or services available on or through any such site or resource. Any dealings You have with third parties found while using the Service are between You and the third party, and You agree that Grynow.ai is not liable for any loss or claim that You may have against any such third party.

You shall be responsible for obtaining and maintaining any equipment and ancillary services needed to connect to, access, or otherwise use the Services, including, without limitation, modems, hardware, server, software, operating system, networking, web servers, long-distance and local telephone service (collectively, “Equipment”). You shall be responsible for ensuring that such Equipment is compatible with the Services (and, to the extent applicable, the Software) and complies with all configurations and specifications outlined in Grynow.ai published policies then in effect. You shall also be responsible for maintaining the security of the Equipment, Your Account, passwords (including but not limited to administrative and user passwords), and files, and for all uses of Your Account or the Equipment with or without Your knowledge or consent.

The failure of Grynow.ai to exercise or enforce any right or provision of this TOS shall not be a waiver of that right. You acknowledge that this TOS is a contract between You and Grynow.ai, even though it is electronic and is not physically signed by You and Grynow.ai, and it governs Your use of the Service.

You acknowledge that Grynow.ai may establish general practices and limits concerning the use of the Service, including without limitation the maximum storage space that will be allotted on Grynow.ai servers on Your behalf. You agree that Grynow.ai has no responsibility or liability for the deletion or failure to store any content maintained or obtained by the Service.

The Service includes certain services that are available via a mobile device, including the ability to browse the Service and the Site from a mobile device and the ability to access certain features through an application downloaded and installed on a mobile device (collectively, the “Mobile Services”). To the extent You access the Service through a mobile device, Your wireless service carrier’s standard charges, data rates, and other fees may apply. In addition, downloading, installing, or using certain Mobile Services may be prohibited or restricted by Your carrier, and not all Mobile Services may work with all carriers or devices. By using the Mobile Services, You agree that We may communicate with You regarding Grynow.ai and other entities by SMS, MMS, text message, or other electronic means to Your mobile device and that certain information about Your usage of the Mobile Services may be communicated to us.

The Services contain Third Party Data aggregated by Grynow.ai from multiple sources. However, the nature of the Third Party Data and the collection processes limits the ability to independently verify and/or validate the Third Party Data and all Third Party Data is subject to change at any time without notice. Neither Grynow.ai nor its Third Party Data sources warrant the comprehensiveness, completeness, accuracy, or adequacy of the Third Party Data for any purpose. Grynow.ai, its sources, and their directors, employees, contractors, and agents disclaim all warranties, expressed or implied, as to any matter whatsoever and shall not be responsible for any loss or damage that may directly or indirectly arise as the result of the use of the Third Party Data contained in the Service.

Your Services Agreement shall govern Your payment plan and provide Grynow.ai with information regarding Your credit card or other payment instrument. You represent and warrant to Grynow.ai that such information is true and that You are authorised to use the payment instrument. You will promptly update Your account information with any changes (for example, a change in Your billing address or credit card expiration date) that may occur. You agree to pay Grynow.ai the amount that is specified in the Services Agreement and payment plan by the terms of such plan and this Agreement. Unless otherwise indicated in a Services Agreement, You hereby authorise Grynow.ai to bill Your payment instrument in advance periodically by the terms of the applicable services agreement and payment plan until You terminate Your account, and You further agree to pay any charges so incurred. If You dispute any charges You must let Grynow.ai know within sixty (60) days after the date that Grynow.ai invoices you. Grynow.ai may choose to bill through an invoice, in which case, full payment for invoices issued in any given month must be received by Grynow.ai thirty (30) days after the mailing date of the invoice, or the Services may be terminated. Unpaid invoices are subject to a finance charge of 2.5% per month on any outstanding balance, or the maximum permitted by law, whichever is lower, plus all expenses of collection. You shall be responsible for all taxes associated with Services based on Grynow.ai net income. In the event You fail to timely pay any amounts due under this Agreement, or if You otherwise breach this Agreement: (i)Grynow.ai reserves the right in its sole discretion to temporarily or permanently terminate your access to the Services; (ii) Your Discount, if any, shall immediately terminate and Your Subscription Fee shall immediately increase to the full amount indicated in the Services Agreement (the “Full Price Subscription Fee”); and (iii) the entire amount of the Full Price Subscription Fee for the Term shall immediately and automatically accelerate and become due and owing. In the event of such acceleration, Grynow.ai reserves the right to collect such amounts through third-party collections or other proper means, and You agree to pay for any costs of such collections activity.

From time to time, Grynow.ai offers a Trial period for first-time users to test the Services, during which commercial use is strictly prohibited. Upon the Trial’s expiration, all data and account details become inaccessible, and Grynow.ai may end the Trial at its discretion. Any attempts to abuse the Trial by creating multiple accounts with the same credit card or IP address, or by generating reports and data for commercial gain, will not only be flagged and potentially terminated but also result in automatic conversion to a regular INDIVIDUALS plan without Trial benefits. Violators may also be subject to fines and legal action.

Access to the Grynow.ai platform is limited to subscribed customers, users in an active free trial, and those granted special exceptions. Should a user’s subscription end, a free trial expires, or a special exemption be revoked, the user will immediately lose access to all platform features, including stored influencer data and campaign details. Continuous access requires an active subscription or a valid free trial period.

4. Representations and Warranties.

You represent and warrant to Grynow.ai that (i) You have full power and authority to enter into this TOS and the Services Agreement; (ii) You own all Your Content or have obtained all permissions, releases, rights or licences required to engage in Your posting and other activities (and allow Grynow.ai to perform its obligations) in connection with the Services without obtaining any further releases or consents; (iii) Your Content and other activities in connection with the Service, and Grynow.ai exercise of all rights and licence granted by You herein, do not and will not violate, infringe, or misappropriate any third party’s copyright, trademark, right of privacy or publicity, or another personal or proprietary right, nor does Your Content contain any matter that is defamatory, obscene, unlawful, threatening, abusive, tortious, offensive or harassing; and (iv) You are eighteen (18) years of age or older.
Except as set forth herein, You may not terminate Your account within the Term. You may terminate this Agreement on sixty (60) days written notice to Grynow.ai if any of the following events occur: upon the bankruptcy or insolvency of Grynow.ai, or the filing against Grynow.ai of a petition in bankruptcy, or the making of an assignment for the benefit of creditors by Grynow.ai, or the appointment of a receiver or trustee for Grynow.ai or any of the assets of Grynow.ai, or the institution by or against Grynow.ai of any other type of insolvency proceeding; Grynow.ai permanently ceases to offer the Services in their entirety; or Grynow.ai is in Material Breach (as defined herein) of this Agreement. “Material Breach” shall mean a complete outage of the Service for more than ten (10) consecutive business days. In addition to any other remedies Grynow.ai may have, Grynow.ai may terminate Your Account and this Agreement: At any time by providing thirty (30) days prior notice to the administrative email address associated with Your Account;
Immediately with or without notice to You if You breach any of the terms or conditions of this TOS. Grynow.ai reserves the right to modify or discontinue, temporarily or permanently, the Service (or any part thereof) for any reason at all and may do so without notice in case you breach the TOS or any other agreement between you and Grynow.ai. All of Your Content on the Service (if any) may be permanently deleted by Grynow.ai upon any termination of your account in its sole discretion.
If Grynow.ai terminates Your account, Grynow.ai will refund the pro-rated, unearned portion of any amount that You have prepaid to Grynow.ai for such Service.
If Grynow.ai terminates Your account,Grynow.ai may in its sole discretion retain any unearned portion of any amount that You have prepaid to Grynow.ai for such Service, in addition to any other remedies Grynow.ai may have.
All of Grynow.ai’s accrued rights to payment shall survive the termination of this TOS.
Upon termination or expiration of this Agreement, You agree that You will delete any Grynow.ai Intellectual Property Rights and Third Party Data obtained from the Services within a reasonable period, not to exceed 3 days. For the avoidance of doubt, unauthorised storage or access to Grynow.ai Intellectual Property Rights or Third Party Data following termination of a subscription or trial period is a violation of this Agreement.

5. DISCLAIMER OF WARRANTIES.

The Services may be temporarily unavailable for scheduled maintenance or unscheduled emergency maintenance, either by Grynow.ai or by third-party providers, or because of other causes beyond Grynow.ai’s reasonable control.

THE SERVICE, INCLUDING THE SITE AND CONTENT, AND ALL SERVER AND NETWORK COMPONENTS ARE PROVIDED ON AN “AS IS'' AND “AS AVAILABLE” BASIS WITHOUT ANY WARRANTIES OF ANY KIND, AND GRYNOW.AI EXPRESSLY DISCLAIMS ANY AND ALL WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, TITLE, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. YOU ACKNOWLEDGE THAT GRYNOW.AI DOES NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, ERROR-FREE, OR VIRUS-FREE, NOR DOES IT MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM USE OF THE SERVICES, AND NO INFORMATION, ADVICE OR SERVICES OBTAINED BY YOU FROM GRYNOW.AI OR THROUGH THE SERVICE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THIS TOS.

LIMITATION OF LIABILITY.

UNDER NO CIRCUMSTANCES AND UNDER NO LEGAL THEORY (WHETHER IN CONTRACT, TORT, OR OTHERWISE) SHALL GRYNOW.AI BE LIABLE TO YOU OR ANY THIRD PARTY FOR (A) ANY INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, CONSEQUENTIAL OR PUNITIVE DAMAGES, INCLUDING LOST PROFITS, LOST SALES OR BUSINESS, LOST DATA, OR (B) FOR ANY DIRECT DAMAGES, COSTS, LOSSES OR LIABILITIES (INCLUDING ATTORNEYS’ FEES) IN EXCESS OF THE FEES ACTUALLY PAID BY YOU IN THE SIX (6) MONTHS PRECEDING THE EVENT GIVING RISE TO YOUR CLAIM OR, IF NO FEES APPLY, ONE HUNDRED ($100) U.S. DOLLARS. THE PROVISIONS OF THIS SECTION ALLOCATE THE RISKS UNDER THIS TOS AND THE SERVICES AGREEMENT BETWEEN THE PARTIES, AND THE PARTIES HAVE RELIED ON THESE LIMITATIONS IN DETERMINING WHETHER TO ENTER INTO THIS TOS AND THE SERVICES AGREEMENT. Some states do not allow the exclusion of implied warranties or limitation of liability for incidental or consequential damages, which means that some of the above limitations may not apply to you. IN THESE STATES, GRYNOW.AI LIABILITY WILL BE LIMITED TO THE GREATEST EXTENT PERMITTED BY LAW.

6. Intellectual Property.

You acknowledge and agree that the copyright, trademark, trade secrets and any other intellectual property rights arising out of or related to the Services, including but not limited to any rights arising out of the compilation and presentation of Third Party Data (the “Grynow.ai Intellectual Property Rights'') is and shall remain with Grynow.ai. You acknowledge that such Grynow.ai Intellectual Property Rights, regardless of form or format, are proprietary to Grynow.ai, including (a) works of original authorship such as compiled information containing Grynow.ai selection, arrangement and coordination and expression of such information or pre-existing material it has created, gathered or assembled; (b) confidential or trade secret information; and (c) information that has been created, developed and maintained by Grynow.ai at great expense of time and money such that misappropriation or unauthorised use by others for commercial gain would unfairly and irreparably harm Grynow.ai. You shall not commit or permit any act or omission by Your agents, employees or any third party that would impair Grynow.ai proprietary and intellectual property rights in Grynow.ai Intellectual Property Rights. You agree to notify Grynow.ai immediately upon obtaining any information regarding a threatened or actual infringement of Grynow.ai rights.
You agree that any feedback or ideas You provide to Grynow.ai regarding the Site, Service or any suggested improvements thereto (together, the “Feedback”) will be the exclusive property of Grynow.ai To the extent You own any rights in the Feedback, You hereby agree to and hereby do, assign all rights, title, and interests in and to the Feedback to Grynow.ai You agree to perform all acts reasonably requested by Grynow.ai to perfect and enforce such rights.

7. Confidential Information.

The Parties shall treat all information, tangible and intangible, received in connection with this Agreement, including but not limited to either Party’s business, policies, procedures, plans, services, products, intellectual property, data, customers, suppliers, methods, research, inventions, ideas or property and any demographic and psychographic information, including information made available by either Party before the Effective Date of this Agreement (“Confidential Information”), as strictly confidential and proprietary information. Confidential Information shall not include information that either Party can demonstrate: (i) is already publicly known when it is received or which is subsequently made public by the disclosing Party; (ii) was independently developed by the receiving Party without reference to Confidential Information; or (iii) was known by the receiving Party before being received from the disclosing Party and which was not subject to an obligation of confidentiality.
The Parties shall, during the Term and for 2 years from the termination or expiration of this Agreement: (i) protect and safeguard the confidentiality of the disclosing Party’s Confidential Information with at least the same degree of care as the receiving Party would protect its Confidential Information, but in no event with less than a commercially reasonable degree of care; (ii) not use the disclosing Party’s Confidential Information, or permit it to be accessed or used, for any purpose other than to exercise its rights or perform its obligations under this Agreement; and (iii) not disclose any such Confidential Information to any person, except to the receiving Party’s employees and contractors who need to know the Confidential Information to assist the receiving Party, or act on its behalf, to exercise its rights or perform its obligations under this Agreement. The receiving Party shall be responsible for any breach of this Section 13 caused by any of its employees or contractors. Each Party shall destroy all Confidential Information of the other Party immediately upon termination of this Agreement, including any notes, copies, or other records containing or reflecting any Confidential Information.
Neither Party may assign this TOS or any Services Agreement without the prior written consent of the other Party; provided, however, that Grynow.ai may assign or transfer this TOS, in whole or in part, without restriction and Your prior consent, in the event of a change in control of Grynow.ai, including but not limited to any merger, acquisition, or sale of all or substantially all of the assets of Grynow.ai.
If any provision of this TOS or the Services Agreement is found to be unenforceable or invalid, that provision will be limited or eliminated to the minimum extent necessary so that this TOS or the Services Agreement will otherwise remain in effect and enforceable. Except concerning any Services Agreements executed by the parties, both parties agree that this TOS is the complete and exclusive statement of the mutual understanding of the parties and supersedes and cancels all previous written and oral agreements, communications, and other understandings relating to the subject matter of this TOS and that all waivers and modifications must be in a writing signed by both parties, except as otherwise provided herein. No agency, partnership, joint venture, or employment is created as a result of this TOS or any Services Agreement and You do not have any authority of any kind to bind Grynow.ai in any respect whatsoever. In any action or proceeding to enforce rights under this TOS, the prevailing party will be entitled to recover costs and attorneys’ fees. All notices under this TOS will be in writing and will be deemed to have been duly given once sent.

8. Governing Law.

This TOS and any Services Agreement shall be governed by the laws of New Delhi, India without regard to the principles of conflicts of law. Unless otherwise elected by Grynow.ai in a particular instance, You hereby expressly agree to submit to the exclusive personal jurisdiction of the courts of India to resolve any dispute relating to Your access to or use of the Service.