Terms of Service
InfiniGrow Ltd. (“InfiniGrow,” or “us,” “our,” “we”) provides marketing planning and strategies for companies through InfiniGrow’s web application (collectively, the “Platform). Terms of Service (“Terms”) govern your access and use of the Platform and all content (“Content,” as further defined below) and services available, including but not limited to Plans and Reports (as more particularly defined below) through the Platform (“Services“). “You” means any adult user of the Platform or Services, using the Platform on behalf of an entity, individual or yourself or any parent or guardian of any minor whom you allow to use the Platform or Services, and for whom you will be held strictly responsible.
If you are registering on behalf of any entity or company (“Company“), you represent that you are authorized to enter into and bind the Company to these Terms and register for the Platform and Services. You are solely responsible for ensuring that these Terms are in compliance with all laws, rules, and regulations applicable to you and the Company and the right to access the Platform and Services is revoked where these Terms or use of the Platform and Services is prohibited.
When we process information of your end users on your behalf for the purpose of these Terms and the provision of the Services, you will at all times be considered the data Controller (as defined in Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 (“GDPR“)) and we shall act solely as a data Processor (as defined in the GDPR) on your behalf, all in accordance with the Data Processing Agreement attached hereto as Exhibit A (“DPA“). You are responsible for compliance with your obligations as data Controller under applicable law including any applicable data protection laws and the GDPR.
Please read these Terms carefully. These Terms govern your access to and use of the Platform or Services. By clicking on the button marked “I agree” you signify your assent to these Terms. The DPA and our Privacy Notice, which is available at https://infinigrow.com/privacy-policy govern our collection, processing and transfer of any Personal Data (as defined in the Privacy Notice). Changes may be made to these Terms from time to time. Your continued use of the Platform or Services will be deemed acceptance to amended or updated terms. If you do not agree to any of these Terms, please do not use the Platform or Services.
Use of Platform and Services
InfiniGrow allows you to access and use the Platform and Services subject to these Terms. InfiniGrow may, in its sole discretion and at any time, modify or discontinue providing the Platform or Services or any part thereof without notice.
Use of and access to the Platform is void where prohibited by law. By using the Platform, you represent and warrant that (a) any and all registration information you submit is truthful and accurate; (b) you will maintain the accuracy of such information; (c) you either are 18 years of age or older, or else have the permission of your parents or guardians to use the Platform and (d) your use of the Platform does not violate any applicable law, regulation, obligation or any third party right.
You further represent and warrant that you have and shall maintain throughout the term of these Terms and the DPA all necessary rights and consents required under applicable law in order to provide Personal Data to InfiniGrow and allow it to provide its services as a Processor and you shall ensure that a record of such consents is maintained.
By using the Platform or Services you acknowledge that InfiniGrow is not currently the provider of business marketing plans, but only acts as a recommender of certain marketing plans and, InfiniGrow does not own, sell, resell, furnish, provide, manage and/or control any marketing information, services and/or analysis.
Registration and Plans
You may register to use InfiniGrow by creating an account through the Platform. In creating an account, you must provide the information requested by InfiniGrow. InfiniGrow may indicate that the provision of some information is optional, but your agreement to provide such information may assist InfiniGrow in providing you with improved Services. InfiniGrow offers an annual plan and a monthly plan. Upon registration you can indicate your choice of plan.
You agree to notify InfiniGrow immediately of any unauthorized use of your InfiniGrow account or password. You are fully and solely responsible for the security of your computer system, mobile device, and all activity on your account, even if such activities were not committed by you. InfiniGrow will not be liable for any losses or damage arising from unauthorized use of the Platform, and you agree to indemnify and hold InfiniGrow harmless for any unauthorized, improper or illegal use of the Platform, and any charges and taxes incurred, unless you have notified us via e-mail at email@example.com that your account has been compromised, and have requested us to block access to it. We do not police for, and cannot guarantee that we will learn of or prevent, any inappropriate use of the Platform or Services.
Termination of Account
You agree that InfiniGrow may for any reason, in its sole discretion and without notice, terminate your account, and may remove from the Platform any Content (as defined below) associated with your account. Grounds for such termination may include (i) extended periods of inactivity, (ii) violation of the letter or spirit of these Terms, (iii) fraudulent, harassing or abusive behavior, (iv) behavior that is harmful to other users or the business interests of InfiniGrow, or (v) failure to make payment in accordance with the terms specified herein. If your account is terminated, you may not rejoin InfiniGrow again without our express permission.
If InfiniGrow believes, in its sole discretion, that a violation of these Terms or any illegal or inappropriate behavior has occurred, we may take any other corrective action we deem appropriate. We reserve the right to investigate suspected violations of these Terms or illegal and inappropriate behavior on the Platform. We will fully cooperate with any law enforcement authorities or court order requesting or directing us to disclose the identity or behavior of anyone believed to have violated these Terms or to have engaged in illegal behavior on or through the Platform. You may request termination of your InfiniGrow account at any time and for any reason by sending an email to firstname.lastname@example.org. Any suspension, termination, or cancellation of your account or these Terms shall not affect your obligations to InfiniGrow and its licensors under these Terms (including but not limited to ownership, indemnification, and limitation of liability), which by their sense and context are intended to survive such suspension, termination, or cancellation.
Content and Communications
Certain types of content may be made available through the Platform or the Services. “Content” as used in these Terms means, collectively, all content on or made available on the Platform or through the Services, including any plan, reports and recommendations received through the Platform. InfiniGrow allows you to post certain content on and through the Platform, referred to herein as “User Content“.
InfiniGrow provides an online chat system, which allows you to ask questions about the Services InfiniGrow provides and to seek assistance, as needed. Such chats may be saved for future reference by InfiniGrow and is included in the term User Content.
InfiniGrow has no obligation to accept, display, review or maintain any User Content. Moreover, InfiniGrow reserves the right to edit, delete, distort or move User Content from the Platform without notice for any reason at any time. Any posted or submitted User Content shall not be considered confidential and may be disseminated by InfiniGrow without any compensation to you. INFINIGROW DOES NOT ENDORSE ANY CONTENT OR ANY OPINION, RECOMMENDATION, OR ADVICE EXPRESSED BY ANY USER AND INFINIGROW EXPRESSLY DISCLAIMS ANY AND ALL LIABILITY IN CONNECTION WITH CONTENT INCLUDING BUT NOT LIMITED USER CONTENT.
You are fully and solely responsible for any User Content you submit or post. You agree that you will not act in any way or transmit or post any User Content that: (a) restricts or inhibits use of the Platform or Services; (b) solicits another person’s password or other personal information under false pretenses; (c) impersonates another user or otherwise misrepresents yourself in any manner; (d) infringes (or results in the infringement of) the intellectual property, moral, publicity, or privacy rights of any third party; (e) is (or you reasonably believe or should reasonably believe to be) illegal, fraudulent, or unauthorized, or in furtherance of any illegal, counterfeiting, fraudulent, pirating, unauthorized, or violent activity, or that involves (or you reasonably believe or should reasonably believe to involve) any stolen, illegal, counterfeit, fraudulent, pirated, or unauthorized material; (f) does not comply with all applicable laws, rules, or regulations, including obtaining all necessary permits, licenses, registrations, etc. (in the case of any proposed or actual transaction, “applicable” refers to both your own location and to location(s) of all other parties to the transaction); or would cause InfiniGrow to be in violation of any law or regulation, or to infringe any right of any third party; (g) contains falsehoods or misrepresentations that may damage InfiniGrow or any third party; (h) imposes an unreasonably or disproportionately large load on our infrastructure; or (i) posts, stores, transmits, offers, or solicits anything that contains the following, or that you know contains links to the following or to locations that in turn contain links to the following: (i) material that we determine to be offensive (including material promoting or glorifying hate, violence, bigotry, or any entity (past or present) principally dedicated to such causes or items associated with such an entity), (ii) material that is racially or ethnically insensitive, material that is defamatory, harassing or threatening, (iii) pornography (including any obscene material, and anything depicting children in sexually suggestive situations whether or not depicting actual children) or may be harmful to a minor, (iv) any virus, worm, Trojan horse, or other harmful or disruptive component or (v) anything that encourages conduct that would be considered a criminal offense, give rise to civil liability, violate any law or regulation or is otherwise inappropriate.
InfiniGrow may choose at its sole discretion to monitor User Content for inappropriate or illegal behavior, including through automatic means; provided, however, that InfiniGrow reserves the right to treat User Content as content stored at the direction of users for which InfiniGrow will not exercise editorial control except when violations are directly brought to InfiniGrow’s attention.
By submitting or posting any User Content, you grant InfiniGrow and its successors and assigns a worldwide, non-exclusive, royalty-free, perpetual, sub-licensable and transferable license under any of your intellectual property, moral or privacy rights to use, copy, distribute, transmit, modify, prepare derivative works of, publicly display, and publicly perform such User Content on, through or in connection with the Platform or Services in any media formats and through any media channels, including without limitation, for commercially promoting the Platform or any of our services.
Plans and Reports
The Services shall provide you with information in respect of the data provided by you through the Platform (the “Plans and Reports”). You may copy, modify and use the Reports for any internal business purpose. InfiniGrow makes no warranty that the Plans and Reports provided shall be useful to your business. You are solely responsible for any action you may take based on the Plans and Reports, and in making any decision you should take into account the possibility that information provided by the Plans and Reports may not correctly reflect current or future trends. By using the Services you acknowledge that InfiniGrow may use aggregated and/or anonymized Plans and Reports for internal, business and marketing purposes.
InfiniGrow is not a data retention service. You must create backups of its data, and InfiniGrow shall have no responsibility or liability in respect of any loss of or damage to any data.
Where applicable, taxes may also be charged, included as a net fee. It is your responsibility to determine whether you are required to pay and/or collect any applicable taxes, and to clarify such information when order the Services. InfiniGrow does not accept any responsibility for the calculation or collection of any applicable taxes. Fees are non-refundable.
Complaints and Refund
If you have a complaint with regard to the Platform or the Services, please email your complaint to email@example.com.
You can cancel your account at any time by sending an email to firstname.lastname@example.org, notifying us of the fact you would like to cancel your account (“Notice“). For annual plans you can request a full refund within 30 days of registration by sending an email to email@example.com, notifying us of the fact you would like to cancel your account. After the initial 30 days of your annual plan we are not able to prorate unused portions of annual fees. For monthly plans, you can cancel your account at any time, by sending an email to firstname.lastname@example.org and you will not be charged as of the next month.
InfiniGrow and its licensors, as the case may be, own all rights, title, and interest in the Platform and Services and all software, modifications, enhancements, and updates thereto, including all worldwide intellectual property rights, and the trademarks, service marks, and logos contained therein. Except as expressly permitted herein, you may not copy, modify, duplicate, distribute, display, perform, sublicense, republish, retransmit, reproduce, create derivative works of, transfer, sell or otherwise use the Platform or Services. You will not remove, alter or conceal any copyright, trademark, service mark or other proprietary rights notices incorporated in the Platform or Services. All trademarks are trademarks or registered trademarks of their respective owners. Nothing in these Terms grants you any right to use any trademark, service mark, logo, or trade name of InfiniGrow or any third party.
You may not and may not allow a third party to (attempt) to (a) decipher, decompile, disassemble, or reverse-engineer any of the software used to provide the Platform and Services; (b) circumvent, disable, or otherwise interfere with security-or access-related features of the Platform and Services; (c) use any robot, spider, Platform search or retrieval application, or any other manual or automatic device or process to retrieve, index, data-mine, or in any way reproduce or circumvent the navigational structure or presentation of the Platform and Services; (d) harvest, collect or mine information about users of the Platform and Services; (e) use or access another user’s account or password; (f) copy, modify, duplicate, distribute, display, perform, sublicense, republish, retransmit, reproduce, create derivative works of, transfer, sell or otherwise use the Platform or Services; or (g) remove, alter or conceal any copyright, trademark, service mark or other proprietary rights notices incorporated in the Platform or Services.
Disclaimers & Disclaimer of Warranty
Your use of the Platform and/or Services is at your sole discretion and risk. The Platform and/or Services are provided on an “AS IS” and “AS AVAILABLE” basis without warranties of any kind. INFINIGROW EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, EXPRESS, IMPLIED OR STATUTORY, RELATING TO THE Platform AND/OR SERVICES, INCLUDING WITHOUT LIMITATION THE WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. INFINIGROW DISCLAIMS ANY WARRANTIES, EXPRESS OR IMPLIED, (I) REGARDING THE SECURITY, ACCURACY, RELIABILITY, TIMELINESS AND PERFORMANCE OF THE Platform AND/OR SERVICES; OR (II) THAT THE Platform OR SERVICES WILL BE ERROR-FREE OR THAT ANY ERRORS WILL BE CORRECTED; OR (III) REGARDING THE PERFORMANCE OF OR ACCURACY, QUALITY, CURRENCY, COMPLETENESS OR USEFULNESS OF ANY SERVICES PROVIDED BY OR THROUGH THE Platform.
You understand that InfiniGrow is not responsible for the accuracy, usefulness, safety, appropriateness of or infringement by any content available on the Platform and through the Services. WE DISCLAIM ALL LIABILITY, REGARDLESS OF THE FORM OF ACTION, FOR THE ACTS OR OMISSIONS OF OTHER USERS (INCLUDING UNAUTHORIZED USERS), WHETHER SUCH ACTS OR OMISSIONS OCCUR DURING THE USE OF THE PLATFORM, SERVICES OR OTHERWISE.
No advice or information, whether oral or written, obtained by you from InfiniGrow, shall create any warranty not expressly stated in these Terms. If you choose to rely on such information, you do so solely at your own risk. Some states or jurisdictions do not allow the exclusion of certain warranties. Accordingly, some of the above exclusions may not apply to you.
In addition to the foregoing, InfiniGrow assumes no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorized access to, or alteration of the Platform or Services. InfiniGrow is not responsible for any problems or technical malfunction of any telephone or cellular phone network or lines, computer online systems, servers or providers, computer equipment, software, failure of any email due to technical problems or traffic congestion on the Internet or on the Platform, including any injury or damage to users or to any person’s mobile device or computer related to or resulting from participation or downloading materials in connection with the Platform.
Limitation of Liability
IN NO EVENT SHALL INFINIGROW OR ANY OF ITS OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS BE LIABLE TO YOU FOR ANY DAMAGES WHATSOEVER, INCLUDING WITHOUT LIMITATION, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, AND/OR CONSEQUENTIAL DAMAGES, ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF THE Platform, services OR CONTENT, INCLUDING BUT NOT LIMITED TO THE QUALITY, ACCURACY, OR UTILITY OF THE SERVICES PROVIDED AS PART OF OR THROUGH THE Platform OR SERVICES, WHETHER THE DAMAGES ARE FORESEEABLE AND WHETHER OR NOT INFINIGROW HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION AND IN NO EVENT SHALL INFINIGROW’S MAXIMUM CUMULATIVE LIABILITY TO YOU EXCEED AMOUNTS PAID TO INFINIGROW FOR USE OF THE Platform OR SERVICES IN RESPECT OF THE 12 MONTHS IMMEDIATELY PRECEDING THE DATE ON WHICH ANY CLAIM OR CAUSE OF ACTION AROSE. IF YOU HAVE NOT MADE ANY PAYMENTS TO INFINIGROW FOR THE USE OF THE Platform, THEN INFINIGROW SHALL NOT HAVE ANY LIABILITY TOWARDS YOU.
UNDER NO CIRCUMSTANCES SHALL INFINIGROW BE RESPONSIBLE FOR ANY LOSS OR DAMAGE, INCLUDING PERSONAL INJURY OR DEATH, RESULTING FROM USE OF THE PLATFORM, SERVICES, FROM ANY USER CONTENT POSTED ON OR THROUGH THE PLATFORM, OR FROM THE CONDUCT OF ANY USERS OF THE PLATFORM, WHETHER ONLINE OR OFFLINE.
You agree to indemnify, defend, and hold harmless InfiniGrow and its respective employees, directors, officers, subcontractors and agents of each, against any and all claims, damages, or costs or expenses (including court costs and attorneys’ fees) that arise directly or indirectly from: (a) breach of these Terms by you or anyone using your computer, mobile device or password; (b) any claim, loss or damage experienced from your use or attempted use of (or inability to use) the Platform or Services, including any transactions and/or actions that you conduct or attempt; (c) your violation of any law or regulation including but not limited to any privacy and/or data protection laws and regulations; (d) your infringement of any right of any third party; and (e) any other matter for which you are responsible hereunder or under law. You may not settle or compromise any such suit without the advance written consent of InfiniGrow. InfiniGrow may be represented din any such suit by counsel of its own choosing and at its own expense. You agree that your use of the Platform and Services shall be in compliance with all applicable laws, regulations and guidelines.
InfiniGrow may refer to you as is customer including by displaying your name and logo on its website and other marketing materials.
These Terms shall be governed by the law of the State of Israel exclusive of its choice of law rules. Any action to be brought in connection with these Terms, the Platform or Services shall be brought exclusively in the courts in Tel Aviv-Jaffa and you irrevocably consent to their jurisdiction. Any cause of action against Infinigrow must be brought within one (1) year of the date such cause of action arose. In the event that any provision of these Terms is held to be unenforceable, such provision shall be replaced with an enforceable provision which most closely achieves the effect of the original provision, and the remaining terms of these Terms shall remain in full force and effect. Nothing in this Agreement creates any agency, employment, joint venture, or partnership relationship between you and InfiniGrow or authorizes you to act on behalf of InfiniGrow. Except as may be expressly stated in these Terms, these Terms constitute the entire agreement between InfiniGrow and you pertaining to the subject matter hereof, and any and all other agreements existing between us relating thereto are hereby canceled. We may assign our rights and obligations hereunder to any third party without prior notice. You shall not assign any of your rights or obligations hereunder, and any assignment in violation of the foregoing shall be void. No waiver of any breach or default hereunder shall be deemed to be a waiver of any preceding or subsequent breach or default. If we are required to provide notice to you hereunder, we may provide such notice to the email account that you provided upon registration.
Third Party Payment Provider
All payments made through the Platform are processed through Paddle.com Market Ltd., a company incorporated under the laws of England.
Last updated: September 2018