Effective December 1, 2017
Who We Are
The Company values individual privacy and we want to give our website visitors the opportunity to know what information we collect about them and how they can limit the use of personally-identifiable information beyond the purposes for which they first provided it. At all times, however, the Company reserves the right to disclose information where required by law or to comply with valid legal process (such as a search warrant, subpoena or court order), to protect the Company’s rights or property, including without limitation in the event of a transfer of control of the Company or substantially all of its assets, or during emergencies when safety is at risk.
Data We Collect and How We Use It
Personally Identifiable Information: We collect your email address if you communicate with us by email, as well as other information that you might supply voluntarily, such as survey information.
If you purchase a product or service at our site, we will also ask for your credit card number or other account number you wish to be charged. We do not give out your credit card or other account information to third parties unless you authorize us to do so or if it is necessary to fulfill our responsibilities, including, but not limited to, delivering a product or service you order.
We may use this information to respond to an email or other inquiry or request, to help improve our website and our services, to customize your experience at our website, or to send updates or notices about our organization and the products we offer that we think may be of interest to you. We may also combine this information with other generally or publicly available information to help us identify visitors’ preferences or interests. We may provide information that identifies you to companies that assist us in these activities, such as helping us fulfill your request for a product, service or information.
The Company does not enable “cookies” on our website with one exception. A cookie is used in website system administration to keep track of movement of an individual user from one screen to another. This information may be used by our staff to detect and resolve website problems and to assist with customer support. We do not collect any personally identifiable information about site visitors in this process.
Our web server automatically collects information from your computer and navigation patterns when you visit our site, including your Internet Protocol (IP) address, the computer’s operating system, the type of browser you use, and the specific web pages visited during your connection. We may also track data such as the total number of visits to our website and the number of visitors to each page of our website.
We may use this information, in aggregate form, for system maintenance and to better understand how our visitors use our site and services so that we can make them better. The Company may also share statistical or demographic information in aggregate form with third parties for marketing or research purposes. This aggregate data will not contain any information that personally identifies you.
How You Can Control and Update Data about You
We want to be sure that we keep only the most accurate and up-to-date information about you in our records. Therefore, whenever you believe that your contact information needs to be updated, you can email us at email@example.com to correct or update your contact information.
You may choose at any time to remove your name, telephone and fax numbers, and postal and email addresses from the lists we use to send notices or updates and elect not to receive correspondence from us by emailing at firstname.lastname@example.org.
Users may request that the Company refrain from disclosing to third parties the data it collects on its client application form or any other form on which users are providing information by refraining from checking the “opt-in” box that appears on each form on which a user provides information. Alternatively, users may contact the Company at email@example.com.
Other Internet sites you visit – including those linked from the Company website – may have their own privacy policies or no policy at all. Other websites might use personal information differently than our policy permits. We strongly encourage you to review the privacy policies of any site before providing any personal information.
Data Integrity and Security
Website Terms of Service
Last Modified: December 1, 2017
2. Changes to Terms of Service
- 2.1. Right to Change Terms. The Company reserves the right, in its sole discretion, to change these Terms of Service (“Updated Terms”) from time to time.
- 2.2. Notice of Updated Terms. Unless the Company makes a change for legal or administrative reasons, the Company will provide reasonable advance notice before the Updated Terms become effective. You agree that the Company may notify you of the Updated Terms by posting them on the Site.
- 2.3. Acceptance of Updated Terms. Your use of the Site after the effective date of the Updated Terms constitutes your agreement to the Updated Terms. You should review these Terms of Service and any Updated Terms before using the Site.
- 2.4. Effective Date of Updated Terms. The Updated Terms will be effective as of the time of posting, or such later date as may be specified in the Updated Terms, and will apply to your use of the Site from that point forward.
3. Use of Site
- 3.1. License. During the term of this agreement, the Company grants you a limited, non-exclusive, non-transferable license to access the Site for your personal and non-commercial use in accordance with the Terms of Service.
- 3.2. Intellectual Property Rights. The design, trademarks, service marks, and logos of the Site (“Marks”), are owned by or licensed to the Company, subject to copyright and other intellectual property rights under United States, foreign laws and international conventions. The Company reserves all rights not expressly granted in and to the Site. You agree to not engage in the use, copying, or distribution of any of the Site other than expressly permitted.
- 3.3. User Conduct
You may not engage in any of the following prohibited activities:
(i) copying, distributing, or disclosing any part of the Site in any medium, including without limitation by any automated or non-automated “scraping”,
(ii) using any automated system, including without limitation “robots,” “spiders,” “offline readers,” etc., to access the Site,
(iii) transmitting spam, chain letters, or other unsolicited email,
(iv) attempting to interfere with, compromise the system integrity or security, or decipher any transmissions to or from the servers running the Site,
(v) taking any action that imposes, or may impose at our sole discretion an unreasonable or disproportionately large load on Site infrastructure,
(vi) uploading invalid data, viruses, worms, or other software agents through the Site,
(vii) collecting or harvesting any personally identifiable information, including account names, from the Site,
(viii) using the Site for any commercial solicitation purposes,
(ix) impersonating another person or otherwise misrepresenting your affiliation with a person or entity, conducting fraud, hiding or attempting to hide your identity,
(x) interfering with the proper working of the Site,
(xi) accessing any content on the Site through any technology or means other than those provided or authorized by the Site, or
(xii) bypassing the measures we may use to prevent or restrict access to the Site, including without limitation features that prevent or restrict use or copying of any content or enforce limitations on use of the Service or the content therein.
4. Your Account
- 4.1. Account Creation. You must complete the registration process by providing the Company with current, complete, and accurate information as prompted by the applicable registration form. You also will choose a password and a user name.
- 4.2. Responsibility for Account. You are entirely responsible for maintaining the confidentiality of your password and account. Furthermore, you are entirely responsible for any and all activities that occur under your account. You agree to notify the Company immediately of any unauthorized use of your account or any other breach of security.
- 4.3. Liability for Account Misuse. The Company will not be liable for any loss that you may incur as a result of someone else using your password or account, either with or without your knowledge. You could be held liable for losses incurred by the Company or another party due to someone else using your account or password.
- 4.4. Use of Other Accounts. You may not use anyone else’s account at any time, without the permission of the account holder.
5. Account Security. The Company cares about the integrity and security of your personal information. However, the Company cannot guarantee that unauthorized third parties will never be able to defeat the Site’s security measures or use any personal information you provide to us for improper purposes. You acknowledge that you provide your personal information at your own risk.
6. Paid Services
- 6.1. Fees. The Company reserves the right at any time to charge fees for access to the Site. However, in no event will you be charged for access to the Site unless we obtain your prior agreement to pay such charges. You may cancel your account at any time. Any fees will be posted prominently on the Site and in other appropriate locations on the Site.
- 6.2. Rates. You will pay all fees and charges incurred through your account at the rates in effect for the billing period when they are incurred. You will be billed for and pay all fees and charges. You shall pay all applicable taxes relating to use of the Site through your account.
7. User Content
- 7.1. Content Ownership. You retain all ownership rights to content uploaded to Site.
- 7.2. Content License. By submitting content to Site, you grant the Company a worldwide, non-exclusive, royalty-free, sublicenseable, and transferable license to use, reproduce, distribute, prepare derivative works of, display, and perform the content in connection with the Site and the Company’s (and its successors’ and affiliates’) business, including without limitation for promoting and redistributing part or all of the Site (and derivative works thereof) in any media formats and through any media channels.
8. Links. The Site may contain links to third-party websites or resources. You acknowledge and agree that the Company is not responsible or liable for: (i) the availability or accuracy of such websites or resources, or (ii) the content, products, or services on or available from such websites or resources. Links to such websites or resources do not imply any endorsement by the Company of those websites or resources. You acknowledge sole responsibility for and assume all risk arising from your use of any such websites or resources.
9. Third Party Content. Through the Site, you will have the ability to access and/or use content provided by third parties. The Company cannot guarantee that such third party content will be free of material you may find objectionable or otherwise. The Company disclaims any responsibility or liability related to your access or use of any third party content.
11. Copyright Policy. The Company respects the intellectual property rights of others and expects users of the Service to do the same. We will respond to notices of alleged copyright infringement that comply with applicable law and are properly provided to us. If you believe that your Content has been copied in a way that constitutes copyright infringement, please provide our copyright agent with the following information in accordance with the Digital Millennium Copyright Act:
- 11.1. a physical or electronic signature of the copyright owner or a person authorized to act on their behalf,
- 11.2. identification of the copyrighted work claimed to have been infringed,
- 11.3. identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit us to locate the material,
- 11.4. your contact information, including your address, telephone number, and an email address,
- 11.5. a statement by you that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law, and
- 11.6. a statement that the information in the notification is accurate, and, under penalty of perjury, that you are authorized to act on behalf of the copyright owner.
12. Trademarks. The Company name and logo are trademarks of the Company, and may not be copied, imitated or used, in whole or in part, without the prior written permission of the Company. In addition, all page headers, custom graphics, button icons and scripts are service marks, trademarks, and trade dress of the Company, and may not be copied, imitated, or used, in whole or in part, without prior written permission from the Company.
- 13.1. Termination upon Notice. Either party may terminate this agreement at any time by notifying the other party.
- 13.2. Termination by the Company. The Company may terminate or suspend your access to or ability to use the Site immediately, without prior notice or liability, for any reason or no reason, including breach of this agreement. In particular, the Company may immediately terminate or suspend accounts that have been flagged for repeat copyright infringement.
- 13.3. Effect of Termination. Upon termination of your access to or ability to use the Site, your right to use or access the Site will immediately cease.
- 13.4. Survival of Provisions. This agreement’s provisions that by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, and limitations of liability. Termination of your access to and use of the Site shall not relieve you of any obligations arising or accruing prior to termination or limit any liability that you otherwise may have to the Company or any third party.
14. Disclaimers. The Site is provided “as is,” without any warranties of any kind. To the fullest extent permissible under applicable law, the Company disclaims all such warranties, express or implied, including, but not limited to, warranties of merchantability, fitness for a particular purpose, non-infringement, accuracy, freedom from errors, suitability of content, or availability.
15. Limitation of Liability. To the fullest extent permitted by applicable law in no event shall the Company be liable for:
- 15.1. any direct, special, indirect or consequential damages, or
- 15.2. any other damages of any kind, including but not limited to loss of use, loss of profits or loss of data, whether in an action in contract, tort (including but not limited to negligence) or otherwise, arising out of or in any way connected with the use of or inability to use the Site, including without limitation any damages caused by or resulting from reliance by user on any information obtained from Site, or that result from mistakes, omissions, interruptions, deletion of files or email, errors, defects, viruses, delays in operation or transmission or any failure of performance.
16. Indemnification. You agree to defend, indemnify and hold harmless the Company, its subsidiaries and affiliated companies, and their officers, directors, employees, contractors and agents from and against any and all claims, causes of action, damages, obligations, losses, liabilities, costs or debt, and expenses (including attorneys’ fees and costs) and all amounts paid in settlement arising from or relating to use of the Site. The Company may assume the exclusive defense and control of any matter for which users have agreed to indemnify the Company and you agrees to assist and cooperate with the Company in the defense or settlement of any such matters.
- 17.1. Claim Procedure. For any dispute you have with the Company, you agree to first contact the Company and attempt to resolve the dispute informally. If the Company has not been able to resolve the dispute with you informally, we each agree to resolve any claim, dispute, or controversy (excluding claims for injunctive or other equitable relief) arising out of or in connection with or relating to this agreement by binding arbitration by the American Arbitration Association (“AAA”) under the Commercial Arbitration Rules and Supplementary Procedures for Consumer Related Disputes then in effect for the AAA, except as provided herein.
- 17.2. Arbitration Location. Unless you and the Company agree otherwise, the arbitration will be conducted in the county where Company resides.
- 17.3. Arbitration Fees. Each party will be responsible for paying any AAA filing, administrative and arbitrator fees in accordance with AAA rules, except that the Company will pay for your reasonable filing, administrative, and arbitrator fees if your claim for damages does not exceed $75,000 and is non-frivolous (as measured by the standards set forth in Federal Rule of Civil Procedure 11(b)).
- 17.4. Arbitration Award. The award rendered by the arbitrator shall include costs of arbitration, reasonable attorneys’ fees and reasonable costs for expert and other witnesses, and any judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction.
- 17.5. Injunctive Relief. Nothing in this Section shall prevent either party from seeking injunctive or other equitable relief from the courts for matters related to data security, intellectual property or unauthorized access to the Service.
- 17.6. Class Actions. All claims must be brought in the parties’ individual capacity, and not as a plaintiff or class member in any purported class or representative proceeding, and, unless we agree otherwise, the arbitrator may not consolidate more than one person’s claims.
- 17.7. Waiver of Jury Trial. You agree that, by entering into these terms, you and the Company are each waiving the right to a trial by jury or to participate in a class action.
18. Governing Law. This agreement will be governed by and construed in accordance with the laws of the State of North Carolina, without regard to its conflict of laws rules.
19. Feedback. We welcome any comment, question and communication at growpath.com/contact
Customer Support Policy
Updated February 15, 2019
In connection with an active SAAS Customer Agreement, GrowPath, LLC (“GrowPath”) provides its customers the following software support policies (“Support Policy”). The Support Policy are subject to change at GrowPath’s discretion.
“Software Update” means a subsequent release of the software, which GrowPath generally makes available for its software customers with an active SAAS Customer Agreement at no additional fee. Software Updates may contain, but are not limited to security fixes, critical patch updates, general maintenance releases, selected functionality, and documentation updates.
GrowPath will provide Software Updates when available and at its discretion.
GrowPath is under no obligation to develop any future functionality or enhancements. If an update for a software product is made available to you pursuant to these software Support Policies, it shall automatically replace the previous version of the applicable software product.
GrowPath will generally schedule Software Updates during non-business hours (between 9pm and 7am ET) and will provide customers with advance notice via email.
GrowPath is committed to rapid response of all Support Requests. All severities can be logged with GrowPath on a 24 hours-per-day, 7 days-per-week, 365 days-per-year basis via email provided to you by your Customer Success Manager.
GrowPath will use commercially reasonable efforts to promptly respond to each Support Request. GrowPath does not guarantee resolution time as that may vary on the nature of the problem. A resolution may consist of a fix, workaround or other solution GrowPath deems reasonable.
GrowPath will use commercially reasonable efforts to meet the Service Level Objectives stated in the table below. In connection with Severity Level 1 issues, GrowPath will provide service during normal service hours and outside of such hoursuntil a workaround or resolution can be provided or until the incident can be downgraded to a lower severity.
Software Support Service Level Objectives
|Severity Level||Target Response Times|
|Blocker (Software Severity 1)||30 minutes or less|
|High (Software Severity 2)||4 business hours|
|Medium (Software Severity 3)||8 business hours|
|Low (Software Severity 4)||12 business hours|
Blocker (Severity 1)
Critical production issue affecting all users, including system unavailability and data integrity issues with no workaround available. This may include one or more of the following:
- Service is down or unavailable.
- A critical part of the software infrastructure is unavailable or inaccessible, resulting in total disruption of work or critical business impact
- Service crashes or hangs indefinitely causing unacceptable or indefinite delays for resources or response.
- A critical documented feature / function is not available.
Severity 1 issues identified by the customer, but not related to a service interruption/outage, require the customer to have dedicated resources available to work on the issue on an ongoing basis. Customer is also required to verify Customer’s internet service availability prior to logging a Severity 1 issue.
High (Severity 2)
Major functionality is impacted or significant performance degradation is experienced. Issue is persistent and affects many users and/or major functionality. No reasonable workaround is available. This may include one or more of the following:
- Service is operational but highly degraded performance to the point of major impact on usage.
- Important features of the software offering are unavailable with no acceptable workaround; however, operations can continue in a restricted fashion.
- Access to a particular third-party application or service provider deemed noncritical is impacted
Medium (Severity 3)
System performance issue or bug affecting some but not all users. Workaround is available, but not scalable. This may include one or more of the following:
- Service is operational but partially degraded for some or all customers, and an acceptable workaround or solution exists.
- Problem with non-critical feature or functionality
Low (Severity 4)
An inquiry regarding a routine technical issue; information requested on application capabilities, navigation, installation or configuration; bug affecting a small number of users. An acceptable workaround is available. This may include one or more of the following:
- Minor problem not impacting service functionality.
- Enhancement requests, missing or erroneous documentation.
- Minor problem or question that does not affect the delivery of service.
SUPPORT REQUEST SEVERITY LIFE CYCLE
Support Requests are assigned a severity level based on the nature of your request as determined by GrowPath in its sole discretion. We highly recommend you familiarize yourself with the Severity definitions and response times defined above.
Severity 1 Problem Reporting — Please first check your email to see if the outage has already been reported or if your issue is due to a scheduled software product maintenance. If you do not see your issues reported, please report service outages/severity 1 problems via email.
Downgrade of Severity Level — If, during the Support Request process, the issue no longer warrants the severity level currently assigned based on its current impact on the production operation of the software product, then the severity level will be downgraded to the severity level that most appropriately reflects its current impact.
Upgrade of Severity Levels — If, during the Support Request process, the issue warrants the assignment of a higher severity level than that currently assigned based on the current impact on the production operation of the software product, then the severity level will be upgraded to the severity level that most appropriately reflects its current impact. In requesting any assignment of a higher severity level, you must provide GrowPath with sufficient information that demonstrates the increased impact of the issue on the production operation of the service.
Adherence to Severity Level Definitions — You shall ensure that the assignment and adjustment of any severity level designation is accurate based on the current impact on the production operation of the software product. You acknowledge that GrowPath is not responsible for any failure to meet performance standards caused by your misuse or mis-assignment of severity level designations.
SUPPORT REQUEST ESCALATION
At GrowPath, our support team always works to ensure that the appropriate resources and level of focus are applied to your request to ensure a timely resolution. If you are not satisfied with the progress of your Support Request, however, you can request an escalation. By invoking the escalation process, additional levels of GrowPath management attention, procedure reinforcement and resource prioritization are brought to bear on resolving your Support Request.
Effective Date: February 15, 2019
SERVICE LEVEL AGREEMENT (“SLA”)
Updated January 29, 2019
During the Term, the Service (excluding Third Party Services) will be operational and available to customer at least 99% of the time in any calendar month (the “SLA”).
The following definitions shall apply to the SLA.
Downtime — shall be deemed to occur during a minute when more than 5% of the valid HTTP requests made to the customer’s subdomain of customer.growpath.com return an HTTP status code in the 500 range, as logged by GrowPath’s application. Downtime shall not be deemed to occur during (i) system upgrades, enhancements and routine maintenance activities that are announced via customer email notification or (ii) maintenance determined by GrowPath to be an emergency or (iii) outage caused by the customer’s internet service provider
Monthly Uptime Percentage — means the total number of minutes in a calendar month minus the number of minutes of Downtime suffered in a calendar month, divided by the total number of minutes in a calendar month.
Other Products Services — means mobile apps, devices, and third-party software that are not maintained, warrantied or otherwise guaranteed by GrowPath, including without limitation, Apps, the software and products, technologies and services provided by customer.
|Monthly Uptime Percentage||Days of Service added to the end of the Term, at no charge to customer|
|< 99% – >= 98.0%||1|
|< 98.0% – >= 95.0%||3|
Service Credit — If the Monthly Uptime Percentage of the service falls below SLA Standards, a service credit may be issued to customer subject to the terms and conditions below. The issuance of Service Credits is the sole and exclusive remedy of customer and GrowPath’s sole and exclusive obligation, for any failure by GrowPath to satisfy the SLA. In order to receive a Service Credit, customer must notify GrowPath in writing within fifteen (15) days from the time customer becomes eligible to receive a Service Credit (the “Downtime Notice”). Failure to comply with such requirement will result in customer forfeiting its right to receive a Service Credit. The aggregate maximum number of Service Credits to be issued by GrowPath to customer for all Downtime that occurs in a single calendar month shall not exceed five days of Service added to the end of the Term. Service Credits may not be exchanged for, or converted to, monetary amounts. Service Credits shall automatically be forfeited upon the termination of the Agreement prior to the expiration of the Term.
Third Party Services — Third Party Services include mobile apps, devices, and third-party APIs that are not maintained, warrantied or otherwise guaranteed by GrowPath, LLC
SLA Exclusions. The SLA does not apply to any services that expressly exclude this SLA (as stated in the documentation for such services) or any performance issues: (i) caused by factors described in the “Force Majeure” section of the Agreement; or (ii) that resulted from customer’s equipment or third party equipment, or both.
Ineligible customers. Customers who at the time of Downtime claimed in a Downtime Notice are not current on their payment of the fees for the Services do not qualify for SLA Credits for such Downtime. In addition, customers who have not paid their fees when due for the Services three or more times in the previous twelve calendar months do not qualify for SLA Credits.
Errors in Implementation or Use. The SLA does not apply to Downtime caused by customer’s use of the Services or any End User’s use of the software after GrowPath advised customer or any End User to modify such use, if customer or any customer End User did not modify its use as advised.