Terms and Conditions

1. Terms of Service

These Terms of Service ("Terms") form a binding agreement between you ("Client", "you") and GrowAI ("Growth System", "we", "us"), the operator of the Growth System platform (the "Service"). By ticking the box when creating an account, or by using the Service, you agree to these Terms and to every other document on this page.

1.1 The Service

Growth System is a business growth platform that helps you manage customers, products and services, sales, promotions, campaigns, AI-assisted content, media, social and messaging integrations, automation and analytics.

1.2 Eligibility and accounts

• You must be 18 or older and have authority to bind the business you register.
• You must give accurate information and verify your email address with the one-time code we send.
• You are responsible for your password, for everything done under your account, and for any staff you add. Tell us immediately if you suspect unauthorised access.

1.3 Registration, approval and access period

• New registrations are pending approval. We may approve or decline any registration at our discretion.
• Once approved, access is granted for a fixed period (currently 31 days). When the period ends the account is marked expired and access stops until we renew it.
• Renewal, pricing and payment are arranged directly with us. Unless agreed in writing, fees already paid are non-refundable for a period that has started, except where the law requires otherwise.

1.4 Your content and data

You keep ownership of the data, text, images, videos and other material you upload or create ("Client Content"). You grant us a limited licence to host, process, display and transmit it solely to provide the Service, including publishing to platforms you connect. You confirm you have all rights and consents needed for Client Content.

1.5 Our intellectual property

The Service, its software, design and branding belong to us or our licensors. You receive a non-exclusive, non-transferable, revocable right to use the Service during your access period. You may not copy, resell, reverse engineer or build a competing service from it.

1.6 Suspension and termination

We may suspend or terminate your account immediately if you breach these documents, put the Service or other users at risk, or the law requires it. You may stop using the Service at any time and ask us to close your account. Sections that by nature survive termination (intellectual property, liability, governing law) continue to apply.

1.7 Availability and changes

We aim for reliable service but do not guarantee uninterrupted or error-free operation. We may change, add or remove features, and may update these documents. Material changes will be notified in the Service or by email; continued use after the effective date means acceptance.

1.8 Disclaimer and limitation of liability

To the maximum extent permitted by law, the Service is provided "as is" and "as available". We are not liable for indirect, incidental or consequential loss, lost profits, lost data or lost business, nor for outcomes of campaigns, promotions or content. Our total liability for any claim is limited to the fees you paid us in the 3 months before the claim arose. Nothing in these Terms excludes liability that cannot lawfully be excluded, including your rights under the Consumer Protection Act 68 of 2008 where it applies.

1.9 Indemnity

You indemnify us against claims, losses and costs arising from your Client Content, your marketing messages, your breach of these documents, or your breach of any law or third-party platform rule.

1.10 Governing law and disputes

These documents are governed by the laws of the Republic of South Africa. The parties will first try to resolve a dispute in good faith; failing that, the South African courts have jurisdiction. Notices to you are sent to your verified email address.

2. Privacy Policy (POPIA)

We process personal information in line with the Protection of Personal Information Act 4 of 2013 ("POPIA"). For your own account data we are the responsible party. For your customers' and leads' data that you load into the Service, you are the responsible party and we act as your operator (see the Data Processing Agreement below).

2.1 Information we collect

2.2 How we use it

To provide and secure the Service, verify your identity, administer approvals and access periods, generate AI-assisted content you request, support you, meet legal duties, and improve the Service. We do not sell personal information.

2.3 Sharing

We share information only with service providers needed to run the Service (hosting, email delivery, AI content providers, and the platforms you choose to connect, such as Meta, TikTok, Google, WhatsApp and SMS providers), and where required by law. Some providers are outside South Africa; where that happens we take reasonable steps so that your information is protected to a comparable standard as POPIA requires.

2.4 Security and retention

We use reasonable technical and organisational safeguards, including password hashing, encrypted integration tokens, access controls, rate limiting and audit logging. No system is perfectly secure. We keep information while your account is active and as long as needed for legal, tax, audit and dispute purposes, then delete or de-identify it. We will notify you and the Information Regulator of a security compromise where POPIA requires.

2.5 Your rights

You may ask to access, correct or delete your personal information, object to processing, or withdraw consent, using the contact details below. You may complain to the Information Regulator (South Africa): inforegulator.org.za.

3. Acceptable Use Policy

You must not use the Service to:

• break any law, or infringe anyone's intellectual property, privacy or publicity rights;
• send spam, unsolicited bulk messages, or contact people who have opted out or never consented (see Communications & Marketing Consent);
• publish false, misleading, defamatory, hateful, harassing, sexually explicit or violent content, or content that exploits children;
• make deceptive claims about products, prices or promotions;
• upload malware, probe, scrape or attack the Service, bypass rate limits or security, or access another client's data;
• share your login or let unauthorised people use your account;
• breach the rules of a connected platform (Meta, TikTok, Google, WhatsApp and others).

We may remove content, disconnect integrations or suspend accounts that breach this policy, and may report unlawful activity to authorities.

4. Communications & Marketing Consent

You are solely responsible for the messages you send through the Service by email, SMS, WhatsApp or social channels. You confirm that:

• you have lawful consent or another lawful basis to contact each recipient, as required by POPIA section 69, the Electronic Communications and Transactions Act 25 of 2002, and the Consumer Protection Act (including the right to opt out and the National Opt-Out Register);
• every marketing message identifies your business and includes a simple way to opt out, and you honour opt-outs promptly;
• you keep records of consent.

We also send you service emails (verification codes, password resets, access and security notices). These are necessary for the Service and are not marketing.

5. AI-Generated Content Notice

• The Service can generate captions, posts and suggestions using third-party AI models. The relevant business and brand details you provide may be sent to those providers solely to produce the content.
• AI output can be inaccurate, repetitive, or similar to other content. It is a draft: you must review and approve it before publishing and you remain responsible for what is published.
• Do not enter sensitive personal information (such as ID numbers, health or financial details) into AI prompts.
• Where automation is enabled, you are responsible for the rules and schedules you set.

6. Third-Party Integrations & Platform Terms

When you connect Facebook, Instagram, TikTok, Google Business Profile, Google Ads, WhatsApp, SMS or email providers, you authorise us to act on your behalf with the permissions you grant. These platforms are independent; their own terms and privacy policies also apply to you (for example Meta's, TikTok's, Google's and WhatsApp Business policies). We are not responsible for their availability, policy changes, rejected posts, restricted accounts, delivery failures or costs they charge. Access tokens are stored encrypted, and you can disconnect an integration at any time, which stops further publishing through it.

7. Media Release & Content Rights

Before uploading or publishing images, video or audio, you confirm that you own them or hold the necessary licences, and that any identifiable person shown (including staff and customers) has given consent for that use, and for minors, a parent or guardian has consented. You grant us the limited right to store and transmit such media to the platforms you select. You must not upload music, brand assets or other material you do not have the right to use.

8. Data Processing Agreement (Operator Terms)

This section applies to personal information of your customers, leads and staff that you put into the Service.

• Role. You are the responsible party; we are your operator and process that information only on your documented instructions (using the Service) and for the purposes in these documents.
• Confidentiality. Our personnel with access are bound by confidentiality.
• Security. We maintain reasonable safeguards (see Privacy Policy 2.4) and will notify you without undue delay after becoming aware of a security compromise affecting your data.
• Sub-processors. You authorise our use of hosting, email, AI and integration providers needed to run the Service, who are held to equivalent protection.
• Assistance. We will reasonably help you respond to data-subject requests and regulator enquiries.
• Return and deletion. On termination we will, on request, make your data available for export and then delete it, unless the law requires us to keep it.
• Your duties. You must have a lawful basis and notices in place to load that information and to market to those people.

9. Cookie & Local Storage Policy

The Service does not use advertising or tracking cookies. It stores a sign-in token and basic session details in your browser's storage (local or session storage, depending on whether you tick "Remember me") so you stay signed in. This is strictly necessary for the Service to work; clearing it signs you out. We also keep technical logs (IP address, request data) for security.

10. Access, Renewal & Refund Policy

• Access starts when we approve your account and lasts for the agreed period (currently 31 days).
• When access ends the account is marked expired. We will contact you about renewal; your data is retained for a reasonable period so you can resume.
• Fees for a period that has started are non-refundable unless we fail to provide the Service materially as described, or the law (including the cooling-off and refund rights in the Consumer Protection Act, where they apply) requires a refund.
• Request a refund or cancellation by contacting us using the details below.

11. Contact & Information Officer