- THIS DOCUMENT CONTAINS VERY IMPORTANT INFORMATION REGARDING YOUR RIGHTS AND OBLIGATIONS, AS WELL AS CONDITIONS, LIMITATIONS, AND EXCLUSIONS THAT MIGHT APPLY TO YOU. PLEASE READ IT CAREFULLY.
THESE TERMS REQUIRE THE USE OF ARBITRATION ON AN INDIVIDUAL BASIS TO RESOLVE DISPUTES RATHER THAN JURY TRIALS OR CLASS ACTIONS.BY PLACING AN ORDER FOR PRODUCTS OR SERVICES FROM THIS WEBSITE, YOU AFFIRM THAT YOU ARE OF LEGAL AGE TO ENTER INTO THIS AGREEMENT, AND YOU ACCEPT AND ARE BOUND BY THESE TERMS AND CONDITIONS.
- Order Acceptance and Cancellation– You agree that your order is an offer to buy, under these Terms, all products and services listed in your order. All orders must be accepted by us, or we will not be obligated to sell the products or services to you. We may choose not to accept orders at our sole discretion, even after we send you a confirmation email with your order number and details of the products or services you have ordered.
- Prices and Payment Terms
- All prices, discounts, and promotions posted on this Site are subject to change without notice. The price charged for a product or service will be the price in effect at the time the order is placed and will be set out in your order confirmation email. Posted prices do not include taxes. All such taxes and charges will be added to your order total and will be itemized in your shopping cart and your order confirmation email. We strive to display accurate price information. However, we may, on occasion, make inadvertent typographical errors, inaccuracies, or omissions related to pricing and service availability. We reserve the right to correct any errors, inaccuracies, or omissions at any time and to cancel any orders arising from such occurrences. You will provide complete and accurate billing information, including a valid and authorized payment method. We will charge your payment method on an agreed-upon periodic basis but may reasonably change the date on which the charge is posted. You authorize Groost and its affiliates and our third-party payment processor(s), to charge your payment method for any fees due.
- Billing cycles are set on a monthly basis, depending on the type of subscription plan you select when purchasing a Subscription.
- We may offer, from time to time, promotions on the Site that may affect pricing and that are governed by terms and conditions separate from these Terms. If there is a conflict between the terms for a promotion and these Terms, the promotion terms will govern.
- Terms of payment are within our sole discretion and payment must be received by us before we accept an order. We accept most major credit cards for purchases. You represent and warrant that (i) the credit card information you supply to us and/or our payment processors is true, correct, and complete, (ii) you are duly authorized to use such credit card for the purchase, (iii) charges incurred by you will be honored by your credit card company, and (iv) you will pay charges incurred by you at the posted prices, including all applicable taxes, if any, regardless of the amount quoted on the Site at the time of your order.
- We reserve the right to modify the scope, availability or impose any usage restrictions on our service, regardless of what was previously committed at the time of subscription. These changes will be made according to our service capacity to safeguard the interests of all users and to ensure uniform access to the service. We take this step to protect the quality of our service.
- Price Changes – We may change our prices by posting notice to your account and/or to our website. Price increases will be effective 14 days after they are posted, except for increases made for legal reasons or Services in the Beta stage, which will be effective immediately. Any price changes will apply to the fees charged to your account immediately after the effective date of the changes.
- Revenue Share – During the term of your use of the Service, you agree to pay us a revenue share (the “Revenue Share”) equal to the applicable percentage of Net Revenue determined pursuant to the pricing plan you choose or any other percentage you agree with us in writing. We reserve the right, at our sole discretion, to change, modify, add or remove portions of this Revenue Share with 30-day prior notice. For purposes of these Terms, “Net Revenue” means all cash consideration from merchandise sold in a transaction resulting directly from your website, where the customer purchases such merchandise or service, less all cancelled and returned orders. The monthly Revenue Share amount is automatically charged to your payment method on file with us. We’ll send you an invoice for your records. Any Revenue Share agreement will not include deductions or withholdings related to any media buying or ad spend.
- Custom Plan – Groost may offer a special custom plan to select customers, which shall be governed by a separate written agreement (“Custom Plan Agreement”) entered into between Groost and the eligible customer. The terms and conditions of the Custom Plan Agreement shall supersede any conflicting provisions in the standard terms and conditions or other related agreements between the parties. The eligibility criteria and specific details of the custom plan, including services, pricing, duration, and any other relevant terms, shall be outlined in the Custom Plan Agreement. Groost reserves the right to determine the selection of customers eligible for the special custom plan at its sole discretion. By accepting the Custom Plan Agreement, the customer acknowledges and agrees to abide by its terms and conditions and acknowledges that any modifications or amendments to the Custom Plan Agreement shall be made in writing and signed by both parties to be considered valid.
- Beta Services – Groost makes no representations or warranties for services in Beta stage, including any warranty that services in Beta stage will be generally available, uninterrupted or error-free, or that content will be secure or not lost or damaged. Except to the extent prohibited by law, Groost expressly disclaims all warranties for services in Beta stage, including any implied warranties of merchantability, satisfactory quality, fitness for a particular purpose, non-infringement, or quiet enjoyment, and any warranties arising out of any course of dealing or usage of trade.
- Returns, Refunds, and Money-Back Guarantee – The products and services on the Site are sold as final sale or non-returnable, excluding our one-time money-back guarantee outlined below.
- Money-Back Guarantee (Growth Plan) – If You have a Growth Plan subscription and are not completely satisfied with the Services for any reason, please contact Groost customer service at firstname.lastname@example.org for a refund of the money You paid for the Services at any time before the end of the billing cycle. You will be reimbursed for the subscription fees paid for the billing period only, excluding any Revenue Share. You may only apply for a money-back guarantee once.
- Prohibited Uses – Groost prohibits the use of our software, tools, and services for:
- illegal activity.
- Child sexual abuse material or any content that exploits or harms children.
- Content that expresses, incites, or promotes hate based on identity.
- Content that intends to harass, threaten, or bully an individual.
- Content that promotes, encourages, or depicts acts of self-harm, such as suicide, cutting, and eating disorders.
- Content related to adult content, adult industries, or pornography.
- Content that in any way violates applicable privacy law to you or us.
- Content that is considered classified, sensitive, or related to the national security of any country or nation.
- Content that in any way violates an agreement between you and any third party, including, but not limited to, any agreement with a governmental authority.
- Content that in any way violates any applicable national or international law or regulation.
- Content, including images or objects of people without their consent.
- Any content, images or objects to which you do not hold appropriate usage rights.
- Warranty and Disclaimers –All Products and Services offered on this site are provided “as is” without any warranty whatsoever, including, without limitation, any (a) warranty of merchantability; (b) warranty of fitness for a particular purpose; or (c) warranty against infringement of intellectual property rights of a third party; whether express or implied by law, course of dealing, course of performance, usage of trade, or otherwise.Some jurisdictions limit or do not allow the disclaiall products and services offered on this site are provided “as is” without any warranty whatsoever, including, without limitation, any (a) warranty of merchantability; (b) warranty of fitness for a particular purpose; or (c) warranty against infringement of intellectual property rights of a third party; whether express or implied by law, course of dealing, course of performance, usage of trade, or otherwise.
Some jurisdictions limit or do not allow the disclaimer of implied or other warranties so the above disclaimer may not apply to you.You affirm that we shall not be liable, under any circumstances, for any breach of warranty claims or for any damages arising out of any third party´s failure to honor its warranty obligations to you.Mer of implied or other warranties so the above disclaimer may not apply to you.You affirm that we shall not be liable, under any circumstances, for any breach of warranty claims or for any damages arising out of any third party´s failure to honor its warranty obligations to you.
- Limitation of Liability –In no event shall we be liable to you or any third party for consequential, indirect, incidental, special, exemplary, punitive or enhanced damages, arising out of, or relating to, and/or in connection with any breach of these terms, regardless of (a) whether such damages were foreseeable, (b) whether or not we were advised of the possibility of such damages and (c) the legal or equitable theory (contract, tort, or otherwise) upon which the claim is based.Our sole and entire maximum liability, for any reason, and your sole and exclusive remedy for any cause whatsoever, shall be limited to the actual amount paid by you for the products and services you have ordered through our site, excluding any revenue share.The limitation of liability set forth above shall only apply to the extent permitted by law.
- Use of Services – You represent and warrant that you are buying products or services from the Site for your own personal or commercial use only, and not for resale. You represent any and all commercial use of products or services will not include the resale of any of our services. You further represent and warrant that all purchases will not be used in countries or regions subject to sanctions as set forth in section 22.
- Use of Services – You may access, and we grant you a non-exclusive right to use, the Services in accordance with these Terms. You will comply with these Terms and all applicable laws when using the Services. We and our affiliates own all rights, title, and interest in and to the Services.
- Services – We reserve the right to withdraw or amend our Service, and any service, module, or material we provide via our Service, in our sole discretion without notice. We will not be liable if for any reason all or any part of the Services are unavailable at any time or for any period. From time to time, we may restrict access to some parts of the Services, or the entire Services, to users, including registered users.
- Feedback – We appreciate feedback, comments, ideas, proposals and suggestions for improvements (“Feedback”). If you provide any of these things, we may use it without restriction or compensation to you. You agree that any intellectual property rights, if any, that may arise as a result of Feedback will be retained by us at all times.
- Restrictions – You may not (i) use the Services in a way that infringes, misappropriates or violates any person’s rights; (ii) reverse assemble, reverse compile, decompile, translate or otherwise attempt to discover the source code or underlying components of models, algorithms, and systems of the Services (except to the extent such restrictions are contrary to applicable law); (iii) use the Services with the objective of developing models, software, or services that compete with Groost; (iv) use any automated or programmatic method to extract data or output from the Services, including scraping, web harvesting, or web data extraction; You may use Services only in geographies currently supported by Groost.
- Content – You may provide input to the Services, such as information related to your Shopify or WooCommerce account, as well as information related to your company, and the products and services you sell, (“Input”), and receive output generated and returned by the Services based on the Input (“Output”), such as marketing suggestions, ads, images, and other assets for use with your company marketing campaign. Input and Output are collectively “Content.” You may use Output for your commercial or personal needs only while you maintain a subscription or commercial relation with Groost. If at any time you cease to use Groost, you should also cease to use all Output and Content generated by Groost. We will hold all title, license, and rights to the Output once a commercial relationship between You and Us ceases to exist. Groost may use Content to provide and maintain the Services, comply with applicable law, and enforce our policies. You are responsible for Content, including for ensuring that it does not violate any applicable law or these Terms.In the event your Input third party API Keys or credentials into our Service, You are responsible for ensuring that providing the API Keys or credentials does not violate any obligation you might have with any third party, any applicable law or these Terms.
- Third Party Platforms – The use of third-party platforms (such as Facebook, Instagram, Whatsapp, Google, or other similar platforms) (the “Third-Party Platforms”) while you use or related to the use of the Services are subject to the terms and conditions of the Third-Party Platforms. Groost assumes no liability and does not warrant in any way the use of Third-Party Platforms. Groost will not be liable for any action by a Third-Party Platform, including but not limited to banning or suspending accounts, rejecting Content, or any action they may take according to their terms and conditions. You are responsible for complying with all Third-Party Platform policies. Groost expressly disclaims any and all representations and warranties, whether express or implied, as to the accuracy, timeliness, completeness, reliability or suitability of the Recommendations or any information, data, assumptions, or methodology underlying or incorporated into the Recommendations. You acknowledge that media buying decisions, including but not limited to those informed by the Recommendations, involve a level of risk and uncertainty. You therefore agree that the final decision to act upon, disregard, or modify any Recommendations generated by the Services rests entirely with You.
- Media Buying – The Services may, from time to time, provide a suite of artificial intelligence modules which may provide recommendations regarding media buying strategies and ad spend (“Recommendations”) to You. You acknowledge and agree that the Recommendations are based on algorithms, machine learning techniques and probabilistic assessments of market conditions and historical data, which by their nature may not be entirely accurate, complete or applicable to your specific circumstances. You shall at all times be responsible for paying any ad spend or media services directly to the Third-Party Platform.
- User Accounts – To submit information to and otherwise use our Service, you must first register by creating a User Account. User Account registration requires you to submit to Provider certain personal information, such as your name, email address, and other information. If you choose to set up your User Account to electronically pay for certain fee-based Services, you will also be required to provide a valid payment method. You grant Us the right to provide any information you submit to Us to third parties for purposes of facilitating the completion of any financial transactions initiated by you or on your behalf.You are responsible for safeguarding the password that you use to access your User Account, and it is recommended that you choose a strong password with sufficient length and complexity such that third parties will not readily guess your password. You should take measures to maintain and preserve the confidentiality of the username and password associated with your User Account, and you must notify Us promptly of any unauthorized use or suspected breach of security of your User Account. Groost 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 not to disclose your password to any third party and to take sole responsibility for any activities or actions under your User Account, whether or not you have authorized such activities or actions. Groost owns your User Account credentials and may revoke or change them at any time.
- Accuracy – To provide the Services, We may use algorithms, machine learning, artificial intelligence, and other technologies which are rapidly evolving fields of study. We are continuously improving our Services to make them more reliable, accurate, safe and beneficial. Given the probabilistic nature of these technologies, use of our Services may in some situations result in incorrect Output that does not accurately reflect your expectation based on Input. You should evaluate the accuracy of any Output as appropriate for your use case.
- Termination; Suspension – These Terms take effect when you first use the Services and remain in effect until terminated. You may terminate these Terms at any time for any reason by discontinuing the use of the Services and Content. We may terminate or suspend your account and bar access to the Services immediately, without prior notice or liability, under our sole discretion, for any reason whatsoever and without limitation, including but not limited to a breach of Terms. We may suspend your access to the Services if you do not comply with these Terms, if your use poses a security risk to us or any third party, or if we suspect that your use is fraudulent, illegal, unethical or could subject us or any third party to liability.
- Relationship of the Parties – The terms outlined in this document do not create a partnership, joint venture or agency relationship between you and Groost.
- Use of Brands – You may not use Groost’s or any of its affiliates’ names, logos, or trademarks, without our prior written consent.
- Copyright Complaints – If you believe that your intellectual property rights have been infringed, please send notice to the address below or fill out this form. We may delete or disable content alleged to be infringing and may terminate accounts of repeat infringers.Groost.com S.R.O.
Na Prikope 859/22,
110 00 Praha 1,
Attn: General CounselTo be effective, the notification must be in writing and contain the following information: an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property interest; a description of the copyrighted work or other intellectual property that you claim has been infringed; a description of where the material that you claim is infringing is located on the Website, with enough detail that we may find it on the Website; your address, telephone number, and email address; a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright or intellectual property owner, its agent, or the law; a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright or intellectual property owner or authorized to act on the copyright or intellectual property owner’s behalf.
- Export Controls – The Services may not be used in or for the benefit of, exported, or re-exported (a) into any country embargoed or sanctioned by the United States, the European Union, or Czech Republic (collectively, the “Embargoed Countries”) or (b) to anyone on the U.S. Treasury Department’s list of Specially Designated Nationals, any other restricted party lists (existing now or in the future) identified by the Office of Foreign Asset Control, or the U.S. Department of Commerce Denied Persons List or Entity List, or any other restricted party lists (collectively, “Restricted Party Lists”). You represent and warrant that you are not located in any Embargoed Countries and not on any such restricted party lists. You must comply with all applicable laws related to Embargoed Countries or Restricted Party Lists, including any requirements or obligations to know your end users directly.
- Force Majeure – We will not be liable or responsible to you, nor be deemed to have defaulted or breached these Terms, for any failure or delay in our performance under these Terms when and to the extent such failure or delay is caused by or results from acts or circumstances beyond our reasonable control, including, without limitation, acts of God, flood, fire, earthquake, explosion, governmental actions, war, invasion or hostilities (whether war is declared or not), terrorist threats or acts, riot or other civil unrest, national emergency, revolution, insurrection, epidemic, lockouts, strikes or other labor disputes (whether or not relating to our workforce), or restraints or delays affecting carriers or inability or delay in obtaining supplies of adequate or suitable materials, materials or telecommunication breakdown or power outage.
- Third-Party IP – All third-party products, company names and logos are trademarks or registered trademarks and remain the property of their respective holders. Use of them does not imply we have any affiliation with them or endorse them. All references by us to third party trademarks are intended to constitute nominative fair use under applicable trademark laws.|
- Governing Law and Jurisdiction – This Site is operated from the country of the Czech Republic. All matters arising out of or relating to these Terms are governed by and construed in accordance with the internal laws of Czech Republic without giving effect to any choice or conflict of law provision or rule (whether of Czech Republic or any other jurisdiction) that would cause the application of the laws of any jurisdiction other than those of Czech Republic.
- Dispute Resolution and Binding Arbitration –
YOU AND GROOST.COM S.R.O. ARE AGREEING TO GIVE UP ANY RIGHTS TO LITIGATE CLAIMS IN A COURT OR BEFORE A JURY, OR TO PARTICIPATE IN A CLASS ACTION OR REPRESENTATIVE ACTION WITH RESPECT TO A CLAIM. OTHER RIGHTS THAT YOU WOULD HAVE IF YOU WENT TO COURT MAY ALSO BE UNAVAILABLE OR MAY BE LIMITED IN ARBITRATION.
ANY CLAIM, DISPUTE, OR CONTROVERSY (WHETHER IN CONTRACT, TORT, OR OTHERWISE, WHETHER PRE-EXISTING, PRESENT, OR FUTURE, AND INCLUDING STATUTORY, CONSUMER PROTECTION, COMMON LAW, INTENTIONAL TORT, INJUNCTIVE AND EQUITABLE CLAIMS) BETWEEN YOU AND US ARISING FROM OR RELATING IN ANY WAY TO YOUR PURCHASE OF PRODUCTS OR SERVICES THROUGH THE SITE, WILL BE RESOLVED EXCLUSIVELY AND FINALLY BY BINDING ARBITRATION.The arbitration will be administered by the International Chamber of Commerce (“ICC“) in accordance with the International Chamber of Commerce Rules (the “ICC Rules“) then in effect, except as modified by this Section.The arbitrator will have exclusive authority to resolve any dispute relating to arbitrability and/or enforceability of this arbitration provision, including any unconscionability challenge or any other challenge that the arbitration provision or the agreement is void, voidable, or otherwise invalid.
The arbitrator will be empowered to grant whatever relief would be available in court under law or in equity. Any award of the arbitrator(s) will be final and binding on each of the parties and may be entered as a judgment in any court of competent jurisdiction. We will be responsible for paying any individual consumer’s arbitration fees if you prevail on any claim that affords the prevailing party attorneys’ fees, the arbitrator may award reasonable fees to you under the standards for fee shifting provided by law.
You agree to arbitration on an individual basis. In any dispute, NEITHER YOU NOR GROOST.COM S.R.O WILL BE ENTITLED TO JOIN OR CONSOLIDATE CLAIMS BY OR AGAINST OTHER CUSTOMERS IN COURT OR ARBITRATION OR OTHERWISE PARTICIPATE IN ANY CLAIM AS A CLASS REPRESENTATIVE, CLASS MEMBER OR IN A PRIVATE ATTORNEY GENERAL CAPACITY. The arbitral tribunal may not consolidate more than one person’s claims and may not otherwise preside over any form of a representative or class proceeding. The arbitral tribunal has no power to consider the enforceability of this class arbitration waiver, and any challenge to the class arbitration waiver may only be raised in a court of competent jurisdiction.
If any provision of this arbitration agreement is found unenforceable, the unenforceable provision will be severed, and the remaining arbitration terms will be enforced.
- Assignment – You will not assign any of your rights or delegate any of your obligations under these Terms without our prior written consent. Any purported assignment or delegation in violation of this Section is null and void. No assignment or delegation relieves you of any of your obligations under these Terms.
- No Waivers – The failure by us to enforce any right or provision of these Terms will not constitute a waiver of future enforcement of that right or provision. The waiver of any right or provision will be effective only if in writing and signed by a duly authorized representative of Groost.com S.R.O.
- No Third-Party Beneficiaries – These Terms do not and are not intended to confer any rights or remedies upon any person other than you.
- Notices –To You – We may provide any notice to you under these Terms by (i) sending a message to the email address you provide or (ii) by posting to the Site. Notices sent by email will be effective when we send the email and notices we provide by posting will be effective upon posting. It is your responsibility to keep your email address current.To Us – To give us notice under these Terms, you must contact us by personal delivery, overnight courier, or registered or certified mail to Groost.com S.R.O, Prikope 859/22, 110 00 Praha 1, Czech Republic. We may update the address for notices to us by posting a notice on the Site. Notices provided by personal delivery will be effective immediately. Notices provided by overnight courier will be effective one business day after they are received. Notices provided by registered or certified mail will be effective three business days after they are received.
- Severability – If any provision of these Terms is invalid, illegal, void, or unenforceable, then that provision will be deemed severed from these Terms and will not affect the validity or enforceability of the remaining provisions of these Terms.