Terms of Service

These terms and conditions outline the rules and regulations for the use of UpGrow's Website, located at www.upgrow.com.

By accessing this website we assume you accept these terms and conditions. Do not continue to use UpGrow if you do not agree to take all of the terms and conditions stated on this page.

The following terminology applies to these Terms and Conditions, Privacy Statement and Disclaimer Notice and all Agreements: "Client", "You" and "Your" refers to you, the person log on this website and compliant to the Company's terms and conditions. "The Company", "Ourselves", "We", "Our" and "Us", refers to UpGrow. "Party", "Parties", or "Us", refers to both the Client and ourselves. All terms refer to the offer, acceptance and consideration of payment necessary to undertake the process of our assistance to the Client in the most appropriate manner for the express purpose of meeting the Client's needs in respect of provision of the Company's stated services. Any use of the above terminology or other words in the singular, plural, capitalization and/or he/she or they, are taken as interchangeable and therefore as referring to same.

Eligibility

You must be at least 18 years of age to use this Service. By using this Service, you represent and warrant that you are at least 18 years old and have the legal capacity to enter into these Terms. If you are using the Service on behalf of an organization, you represent that you have authority to bind that organization to these Terms.

General Conditions

1. Your use of the Service is at your sole risk. The service is provided on an "as is" and "as available" basis.

2. The expected amount of followers, likes and comments is not guaranteed to you in any way. It all depends on the quality and interestingness of your content.

3. We bring attention of real users to your feed, but we can't protect you from spam, fake, inactive followers. It's not possible to stop them, but you can remove unwanted followers by yourself or with special services.

4. We can't guarantee the continuous, uninterrupted or error-free operability of the services.

5. Support for UpGrow services is only available in English via email.

6. You must not modify, adapt or hack the Service or modify another website so as to falsely imply that it is associated with the Service, UpGrow, or any other UpGrow service.

7. Verbal, physical, written or other abuse (including threats of abuse or retribution) of any UpGrow customer, employee, member, or officer will result in immediate account termination.

8. You understand that UpGrow uses third party vendors and hosting partners to provide the necessary hardware, software, networking, storage, and related technology required to run the Service.

9. You understand that UpGrow will never ask for your Instagram password or login credentials at any time. We are not responsible for any damages or account issues caused by you sharing your Instagram account information or password with other services unrelated to UpGrow. It is your responsibility to keep your Instagram account secure and to only use trusted services. If you experience any issues with your Instagram account, please contact Instagram support directly.

10. If your bandwidth usage or load significantly exceed the average bandwidth usage (as determined solely by UpGrow) of other UpGrow customers, we reserve the right to immediately disable or limit your account until you can reduce your bandwidth consumption or load.

11. UpGrow does not warrant that (I) the service will meet your specific requirements, (II) the service will be uninterrupted, timely, secure, or error-free, (III) the results that may be obtained from the use of the service will be accurate or reliable, (IV) the quality of any products, services, information, or other material purchased or obtained by you through the service will meet your expectations, and (V) any errors in the Service will be corrected.

12. Questions about the Terms of Service or any other matter should be sent to [email protected] in English language.

13. It is your sole responsibility to check whether the Terms have changed.

AI and Automated Services

UpGrow utilizes artificial intelligence, machine learning algorithms, and automated systems to provide its services, including but not limited to audience targeting, engagement optimization, and growth analytics. You acknowledge and agree that:

• AI-driven results may vary and are not guaranteed;
• Automated actions are performed within platform guidelines;
• You are responsible for reviewing and approving your growth strategy;
• UpGrow continuously improves its AI systems, which may affect service delivery.

Third-Party Platform Compliance

UpGrow's services interact with third-party platforms including Instagram and TikTok. You acknowledge and agree that:

• You are solely responsible for complying with the terms of service of any third-party platform;
• Third-party platforms may change their policies, APIs, or functionality at any time, which may affect our services;
• UpGrow is not liable for any actions taken by third-party platforms against your account;
• You will not hold UpGrow responsible for any restrictions, suspensions, or terminations imposed by third-party platforms.

Refunds & Membership Terms

UpGrow will provide a full monthly refund under our Real Growth Guarantee if the customer does not achieve net-positive Instagram growth after the first 7 days of service.

UpGrow acts as a personal assistant service and a marketing consultation service to perform actions on Instagram on your behalf that you would've otherwise completed yourself. We do not encourage or promote spam interactions or inauthentic behavior for the sole purpose of gaining followers on Instagram.

UpGrow offers a 1-day free trial period for all new users. The free trial allows users to explore the web dashboard, connect their Instagram account, view their AI Instagram analytics and use the AI Instagram Tools. Starting the Instagram growth for an account does require an active paid subscription.

Under no other circumstances are refunds guaranteed to be provided. Some refund requests may be considered if UpGrow was unable to render a full month of service to the customer.

If a user cancels their subscription during the 1-day free trial period, all services rendered by UpGrow will be ended immediately. Users will still have access to the Instagram Dashboard until the end of their initial 1-day trial period, but no services will be rendered including growth. This is to prevent abuse of our 1-day trial period.

By signing up with UpGrow's growth service, you are releasing UpGrow from any legal responsibility and consequence. UpGrow is not responsible if your account is terminated, banned, removed, or blocked by Instagram during your subscription with us.

All users have access to the UpGrow Member's Area once their account is created. UpGrow reserves the right to cancel, delete, or edit any of the accounts registered on our website.

Accidental payment refunds may be rendered if requested by the customer within 24 hours of the payment. This only applies to UpGrow's subscription-based services. We are not responsible for the natural loss of followers unrelated to our Instagram growth service (ghost followers, fake followers, etc). We recommend you not use any other growth service in addition to UpGrow as this may put your account at risk.

Since UpGrow's growth is completely organic and natural, we can not guarantee a specific amount of engagement or monthly followers besides what's listed in our Real Growth Guarantee. All growth estimations provided on our website will vary from user to user, and users may have results that are lower or higher than the estimation provided.

All sales are final on digital product sales. No refunds are to be given on eBook downloads or any other virtual product purchases.

Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL UPGROW, ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, AFFILIATES, OR LICENSORS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE, OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA, OR OTHER INTANGIBLE LOSSES, REGARDLESS OF WHETHER UPGROW HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

IN NO EVENT SHALL UPGROW'S TOTAL LIABILITY TO YOU FOR ALL CLAIMS ARISING FROM OR RELATED TO THE SERVICE EXCEED THE AMOUNT YOU PAID TO UPGROW IN THE TWELVE (12) MONTHS PRECEDING THE CLAIM, OR ONE HUNDRED US DOLLARS ($100), WHICHEVER IS GREATER.

Some jurisdictions do not allow the exclusion or limitation of certain damages, so some of the above limitations may not apply to you. In such cases, our liability will be limited to the maximum extent permitted by law.

Indemnification

You agree to indemnify, defend, and hold harmless UpGrow, its officers, directors, employees, agents, affiliates, and licensors from and against any and all claims, damages, obligations, losses, liabilities, costs, and expenses (including reasonable attorneys' fees) arising from: (a) your use of the Service; (b) your violation of these Terms; (c) your violation of any third-party right, including any intellectual property, privacy, or proprietary right; (d) any claim that your use of the Service caused damage to a third party; or (e) your violation of any applicable law or regulation.

Dispute Resolution and Arbitration

PLEASE READ THIS SECTION CAREFULLY. IT AFFECTS YOUR LEGAL RIGHTS, INCLUDING YOUR RIGHT TO FILE A LAWSUIT IN COURT.

You and UpGrow agree that any dispute, claim, or controversy arising out of or relating to these Terms or the Service shall be resolved through binding arbitration, rather than in court, except that either party may seek injunctive or other equitable relief in any court of competent jurisdiction.

The arbitration shall be conducted by a single arbitrator in accordance with the rules of a mutually agreed-upon arbitration provider. If the parties cannot agree on a provider, the arbitration shall be conducted under the UNCITRAL Arbitration Rules. The arbitration shall be conducted in the English language. The arbitrator's decision shall be final and binding, and judgment on the award may be entered in any court of competent jurisdiction.

CLASS ACTION WAIVER: YOU AND UPGROW AGREE THAT EACH PARTY MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS, CONSOLIDATED, OR REPRESENTATIVE ACTION. Unless both you and UpGrow agree otherwise, the arbitrator may not consolidate more than one person's claims and may not otherwise preside over any form of a representative or class proceeding.

This arbitration agreement shall survive termination of these Terms and your use of the Service.

Account Termination

UpGrow reserves the right to suspend or terminate your account and access to the Service at any time, with or without cause, with or without notice, and without liability to you. Reasons for termination may include, but are not limited to: (a) violations of these Terms; (b) requests by law enforcement or government agencies; (c) discontinuance or material modification of the Service; (d) unexpected technical or security issues; (e) extended periods of inactivity; or (f) non-payment of fees.

Force Majeure

UpGrow shall not be liable for any failure or delay in performing its obligations under these Terms due to circumstances beyond its reasonable control, including but not limited to acts of God, natural disasters, war, terrorism, riots, embargoes, acts of civil or military authorities, fire, floods, accidents, pandemics, strikes, or shortages of transportation, facilities, fuel, energy, labor, or materials, or changes in third-party platform policies or APIs.

Affiliate and Referral Partners

UpGrow may offer affiliate or referral programs. By participating in these programs, you agree to the following terms and conditions:

• You must accurately disclose your relationship with UpGrow in all promotions.
• You may not misrepresent or exaggerate the benefits of UpGrow's services.
• You are prohibited from bidding on UpGrow's brand name, trademarks, or variations thereof on any advertising platforms, including but not limited to Google Ads, Bing Ads, or social media advertising platforms.
• You are forbidden from using the upgrow.com domain on any ads without express consent from UpGrow.
• You may not use any deceptive or spammy tactics to promote your affiliate or referral link.
• UpGrow reserves the right to modify, suspend, or terminate the affiliate or referral program at any time.
• For annual subscription referrals, payouts will only be released 3 months after the date of payment to protect against potential chargebacks from referred users.
• Commissions or rewards are subject to UpGrow's approval and may be withheld or revoked if any terms are violated.

Violation of these terms may result in the termination of your affiliate or referral partnership and forfeiture of any unpaid commissions or rewards. UpGrow reserves the right to take legal action against any affiliate or referral partner who engages in fraudulent or harmful activities.

Cookies

We employ the use of cookies. By accessing UpGrow, you agreed to use cookies in agreement with the UpGrow's Privacy Policy.

Most interactive websites use cookies to let us retrieve the user's details for each visit. Cookies are used by our website to enable the functionality of certain areas to make it easier for people visiting our website. Some of our affiliate/advertising partners may also use cookies.

License

Unless otherwise stated, UpGrow and/or its licensors own the intellectual property rights for all material on UpGrow. All intellectual property rights are reserved. You may access this from UpGrow for your own personal use subjected to restrictions set in these terms and conditions.

You must not:

• Republish material from UpGrow
• Sell, rent or sub-license material from UpGrow
• Reproduce, duplicate or copy material from UpGrow
• Redistribute content from UpGrow

This Agreement shall begin on the date hereof.

Parts of this website offer an opportunity for users to post and exchange opinions and information in certain areas of the website. UpGrow does not filter, edit, publish or review Comments prior to their presence on the website. Comments do not reflect the views and opinions of UpGrow, its agents and/or affiliates. Comments reflect the views and opinions of the person who post their views and opinions. To the extent permitted by applicable laws, UpGrow shall not be liable for the Comments or for any liability, damages or expenses caused and/or suffered as a result of any use of and/or posting of and/or appearance of the Comments on this website.

UpGrow reserves the right to monitor all Comments and to remove any Comments which can be considered inappropriate, offensive or causes breach of these Terms and Conditions.

You warrant and represent that:

• You are entitled to post the Comments on our website and have all necessary licenses and consents to do so;
• The Comments do not invade any intellectual property right, including without limitation copyright, patent or trademark of any third party;
• The Comments do not contain any defamatory, libelous, offensive, indecent or otherwise unlawful material which is an invasion of privacy
• The Comments will not be used to solicit or promote business or custom or present commercial activities or unlawful activity.

You hereby grant UpGrow a non-exclusive license to use, reproduce, edit and authorize others to use, reproduce and edit any of your Comments in any and all forms, formats or media.

Content Liability

We shall not be hold responsible for any content that appears on your Website. You agree to protect and defend us against all claims that is rising on your Website. No link(s) should appear on any Website that may be interpreted as libelous, obscene or criminal, or which infringes, otherwise violates, or advocates the infringement or other violation of, any third party rights.

Severability

If any provision of these Terms is held to be invalid, illegal, or unenforceable by a court of competent jurisdiction, such provision shall be modified to the minimum extent necessary to make it valid and enforceable, or if modification is not possible, shall be severed from these Terms. The remaining provisions shall continue in full force and effect.

Entire Agreement

These Terms, together with our Privacy Policy, constitute the entire agreement between you and UpGrow regarding your use of the Service and supersede all prior and contemporaneous agreements, proposals, or representations, written or oral, concerning the subject matter hereof.

Contact

Questions about the Terms of Service should be sent to [email protected].