Cannabis Nutrient Deficiencies? Pests? Diseases?

GrowDoc App Inc.

Terms of service

 

GrowDoc App Inc. (hereinafter the “Provider”) maintains the GrowDoc website and mobile application, including related features, products, and services (collectively, the “Services”). Please read these Terms of service (hereinafter the “Agreement”) carefully before using the Services. Access to and use of the Services is subject to the terms and conditions set forth below. Your use of the Services constitutes your acceptance of this Agreement. If you do not agree with this Agreement, you may not use the Services.

 

The Provider reserves the right to revise this Agreement from time to time. Although the Provider may include a notice on the home page of the Services indicating that the Agreement has been revised, such notice may not remain in place for any extended period of time. Hence, you should review the Agreement periodically as posted on the Services. If you use the Services after any revised Agreement has been posted, you will be deemed to have accepted the revised Agreement.

 

1.   Purpose of the Services

 

The GrowDoc Services were created to help you identify the cause of sick Cannabis plants and tell you what is needed to fix it. You acknowledge that the Provider disclaims any responsibility for, or liability related to, your use of the Services (see the “Disclaimer of Warranties” below). The Services may not be used to determine whether any plant or any other substance is safe to eat or otherwise consume and the Provider specifically disclaims any responsibility for, or liability related to, your use of the Services for this purpose.

 

2.   Use of the Services

 

Use of the Services may be available through a compatible Internet browser or mobile device (Apple Store and Google Play store) and may require network connections and software. You agree that you are solely responsible for these requirements, including, but not limited to, any applicable changes, updates and fees which you may incur, as well as terms of your agreement with your mobile device and telecommunications provider.

 

You may only access and use the Services for lawful purposes. You agree that the Provider may use your feedback, suggestions or ideas in any way, including in future modifications of the Services, other products or services, advertising or marketing materials. You grant the Provider a perpetual, worldwide, fully transferable, sub-licensable, irrevocable, fully paid-up, royalty-free license to use the feedback you may provide to the Provider in any way.

 

You agree that you will not use any robot, spider, scraper, deep link or other similar automated data gathering or extraction tools, programs, algorithms or methodologies to access, acquire, copy or monitor the Services or any portion of the Services. You further agree that you will not transmit any file which contains viruses, worms, Trojan horses or any other contaminating or destructive features, or that otherwise interfere with the proper working of the Provider or the Services. Moreover, you agree that you will not attempt to decipher, decompile, disassemble or reverse-engineer any of the software comprising or in any way making up a part of the Services.

3.   Lawful Use of the Services

 

Your access to and use of the Services is subject to all applicable international, federal, provincial or state and local laws and regulations. You represent and warrant that you will not use the Services in any manner or for any purposes that are unlawful or prohibited by this Agreement. Should you be found in breach of any terms of this Agreement, the Provider reserves the right to suspend your access to the Services at any time and at its sole discretion.

 

The Service is not targeted towards, nor intended for use by, anyone under the age of 18. By using the Services, you represent and warrant that you are 18 years of age or older. If you are not at least 18 years of age, you may not use, access or register for the Services. The Provider reserves the right to terminate your membership in the event that the Provider becomes aware that you are under 18 years of age.

 

4.   User Accounts

 

To use the Services, you must register by creating a User Account. You should take measures to maintain and preserve the confidentiality of the username and password associated with your User Account. You agree not to disclose your password to any third-party. You agree to notify the Provider promptly of any unauthorized use or suspected breach of security of your User Account. The Provider shall not be liable for any losses that may result from any unauthorized use of your User Account or failure to maintain appropriate confidentiality measures. You agree to take sole responsibility for any activities or actions under your User Account, whether or not you have authorized such activities and actions.

 

The Provider owns your User Account credentials and may revoke or change them at any time.

 

5.   Subscription Fees

 

Upon registering your User Account, you must choose between using our limited Free Services or registering for our Premium Plan, the options and pricing of which are further detailed on our app.

Subscriptions are set to auto-renew unless they are canceled. Information about subscription price, length, and features are located in the app.

 

6.   Refunds 

GrowDoc will refund Android subscriptions purchases minus the fees from the payment provider up to 30 days after purchase. iOS purchases cannot be refunded by GrowDoc, the user must contact apple to request a refund. 

 

7.   Free Services

 

The Provider may make Free Services available to you. Unless stated otherwise, the use of the Provider’s Free Services is governed by the terms and conditions of this Agreement.

 

8.   User Content

 

When using the Services, you may choose to submit information, data, passwords, usernames, PINs, other log-in information, as well as photographs of Cannabis plants (collectively, the “User Content”). You agree that you shall not post any User Content (i) that infringes or misappropriates any third-party’s copyright, patent, trademark, trade secret or other proprietary rights or rights of publicity or privacy, (ii) that violates any law, statute, ordinance or regulation, including, but not limited to, those governing consumer protection, unfair competition, anti-discrimination or false advertising, (iii) that is or may reasonably be considered to be defamatory, pornographic or obscene, libelous, hateful, racially or religiously biased or offensive, unlawfully threatening or unlawfully harassing to any individual, partnership or corporation, (iv) that violates any other agreement you may have entered into with a third-party, or (v) that contains any computer viruses, worms or other potentially damaging computer programs or files.

 

For further information as regards User Content and personal data, please refer to our Privacy Policy .

 

9.   Rights you grant to the Provider

 

By submitting User Content to the Provider through the Services, you grant a non-exclusive, sub-licensable, perpetual, worldwide licence to any and all User Content to the Provider and any affiliate and successor entities for the purpose of providing and improving the Services, or any similar services at the Provider’s, its affiliates or successor’s sole discretion. You agree that the Provider may use and store the User Content to provide and improve the Services to you or related to its licence provided by you, as stated above. By submitting User Content to the Provider, you represent that you are entitled to submit it to the Provider for use for this purpose, without any obligation by the Provider to pay any fees or other limitations.

 

10.   Intellectual Property Rights

 

Unless expressly stated otherwise, all text, images, graphics, photographs, videos, designs, icons, sounds, information, data and other materials appearing on the Services which are not User Content (hereinafter the “Provider Content”) and all methods, methodologies, procedures, processes, know-how, software, algorithms, techniques and other technology (hereinafter the “Technology”) displayed, used or incorporated on the Services by the Provider are copyrights, trademarks, service marks, trade secrets, patents or other intellectual property or proprietary content owned or licensed by the Provider.

 

You may solely use the available Provider Content and Technology for your own personal use and internal business purposes, but you may not reverse-engineer or decompile any of the Technology. You may print a copy of the available Provider Content solely for such purposes, but you may not remove any copyright, trademark or other notices displayed on the corresponding webpage or print-out. You may not use the available Provider Content and Technology on behalf of any third-party or as part of a managed service. You may not distribute, publish, transmit, modify, create derivative works from, or in any way exploit, any of the available Provider Content and Technology, in whole or in part, for any purpose, without the express written permission of the Provider or the respective owner. Nothing in this Agreement shall be construed as granting any permission, except as set forth in this paragraph, right or license in any of the Provider Content or Technology. All intellectual property rights are fully reserved by the Provider and any third-party owners of those rights.

 

 

 

 

11.                Use of “Cookies” and other tools

 

You understand and agree that the Provider may store information on your computer in the form of a “cookie” or other similar tool for the purpose of improving the functionality of the Services.

 

For further information as regards the collection of cookies or similar tools, please refer to our Privacy Policy

 

12.                Disclaimer of Warranties

 

You agree that all products, Services, information, data, text, User Content, Provider Content, Technology, and related graphics contained within or available through the Services are provided to you on an “as is” and “as available” basis. The Provider makes no representations or warranties of any kind, either express or implied, as to the operation of the Services. Without limiting the foregoing, the Provider does not warrant or represent that the Services will operate error-free or uninterrupted, that defects will be corrected, or that the Services and its servers will be free of viruses and other harmful components. To the fullest extent permissible pursuant to applicable law, the Provider disclaims all representations and warranties of any kind, either express or implied, including, but not limited to, the implied warranties of merchantability, fitness for a particular purpose, and non-infringement of the rights of third parties.

 

13.                Limitations on liability

 

In no event shall the Provider be liable to you or any other person or entity for any direct, indirect, incidental, special, consequential, punitive or other such damages, including but not limited to any damages associated with (1) loss of goodwill, profits, business interruption or data, or other such losses; (ii) your inability to use the Services, any unauthorized use of the Services, or any function of the Services or failure of the Services to function; (iii) the provision of or failure to provide any service through the Services; (iv) errors or inaccuracies in the User Content, Provider Content, Technology, or any advertising or other information, software, products, services and related graphics used, viewed, or obtained through the Services; or (v) any property loss including damage to your mobile device, computer or computer system caused by the viruses or other harmful components encountered during or on account of access to or use of the Services or any third-party website linked to the Services.

 

These limitations of liability shall apply regardless of the form of action, whether based in contract, negligence, strict liability, other tort, or otherwise, and even if the Provider has been advised of the possibility of any particular damages. To the extent you allege or assert any damages associated with the Services which are not excluded in the foregoing, then the Provider’s liability (and that of its agents, licensors or service providers) for such damages shall not exceed one hundred dollars (CA$100.00).

 

14.                Indemnification

 

You agree to indemnify, defend and hold harmless the Provider, its agents, licensors and services provides, and their respective past and present officers, directors, employees and representatives, from and against any and all claims, actions, demands, liabilities, costs and expenses, including, without limitation, reasonable attorneys’ fees, resulting from your breach of any provision of this Agreement, including any warranty you provide herein, or otherwise resulting in any way from your use of the Services.

 

15.                Governing Law and disputes

 

This Agreement and the relationship between you and the Provider shall be governed by the laws of the Province of New Brunswick and the federal laws of Canada applicable in that province, without regard to its conflict of law provisions. You hereby irrevocably attorn to the exclusive jurisdiction of the courts of justice located in Moncton, New Brunswick with respect to any dispute arising from or related to your use of the Services hereunder.

 

If any provision of this Agreement shall be determined to be void or unenforceable in whole or in part, the remaining provisions of this Agreement shall not be affected thereby and shall remain in force and effect.

 

16.                Assignability

 

The Provider may assign this Agreement and its rights and obligations hereunder to an affiliated company or, in the event of a merger or acquisition of the Provider or the sale of substantially all of the Provider’s assets related to the Services being provided to you, to the surviving or successor entity, with reasonable notice to you. You may not assign this Agreement or the rights and obligations hereunder without the prior written consent of the Provider.

 

17.                Term and Termination

 

The Term of this Agreement shall commence upon your first use of the Services and shall continue (i) as long as you or any persons given access by you retain access rights to the Services, or (ii) until the Provider ceases to operate the Services or closes your User Account.

 

The Provider shall not have any ongoing obligation to provide the Services to you; thus, the Provider may cease to operate the Services at any time and for any reason. Without limiting the foregoing, the Provider may cease to provide your User Account in the event of: (i) any dispute or termination of the Provider’s relationship with you; (ii) any dispute concerning ownership or control of your User Account; or (iii) use of your User Account in a manner that the Provider, in its sole discretion, considers unacceptable. The Provider reserves the right to limit the period of time during which the Provider may make any User Content pertaining to you available on the Services. The Services should not be viewed as your backup, archival or storage service with respect to any User Content.

 

18.                Privacy Policy

 

Any User Content and other data that you provide to the Provider using the Services is also governed by our Privacy Policy , which you have access to on the Services. The Provider may update its Privacy Policy from time to time. Hence, you should review the Privacy Policy as posted on the Services before providing any information to the Provider using the Services.

 

19.                Entire Agreement

 

This Agreement and our Privacy Policy , which is incorporated herein by reference, constitute the entire Agreement and supersede any other agreements or understandings (oral or written) between you and the Provider, with respect to their subject matters.

 

Effective date: August 1st, 2020

Updated: September 9th, 2021

 

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