Terms of Service

1. Agreement

These Terms of Service (“Terms”) govern your access to and use of GrovLink’s marketing website, the GrovLink admin and platform services, and related offerings (collectively, the “Services”). GrovLink is operated by UpStart Productions (“we,” “us”). By accessing or using the Services, you agree to these Terms. If you are entering into these Terms on behalf of an organization, you represent that you have authority to bind that organization.

If you purchase or use paid Services, additional terms (such as an order form, statement of work, or subscription agreement) may apply and, in case of conflict, control for those specific commercial terms.

2. The Services

GrovLink provides a configurable platform that allows nonprofit customers to offer branded mobile experiences and related tools. Features, limits, and availability may depend on your plan. We may modify, suspend, or discontinue parts of the Services with reasonable notice where practicable.

3. Accounts

You are responsible for maintaining the confidentiality of account credentials and for activity under your account. You agree to provide accurate information and to notify us promptly of unauthorized use.

4. Customer content

You retain ownership of content and data you submit to the Services (“Customer Content”). You grant GrovLink a non-exclusive license to host, process, transmit, and display Customer Content solely to provide, secure, and improve the Services for you and your end users.

You represent that you have the rights necessary to submit Customer Content and that its use does not violate law or third-party rights. You are responsible for your end users’ use of your branded apps and for notices, consents, and policies your organization requires.

5. Acceptable use

You agree not to:

• Use the Services in violation of law or regulation
• Attempt to gain unauthorized access to systems, accounts, or data
• Interfere with or disrupt the Services or other users
• Upload malware or use the Services to send spam or deceptive communications
• Reverse engineer or attempt to extract source code except as permitted by law

We may suspend or terminate access for violations of these Terms or to protect the Services and other users.

6. Fees

If you subscribe to paid Services, fees, billing cycles, and taxes are as stated in your order or agreement. Failure to pay may result in suspension. Unless otherwise stated, fees are non-refundable except as required by law or as we expressly agree in writing.

7. Confidentiality

Each party may receive non-public information from the other. The receiving party will use reasonable care to protect that information and use it only for the purpose of the relationship, subject to standard exceptions (e.g., public domain, independently developed, required by law).

8. Intellectual property

GrovLink and its licensors own the Services, software, branding, and documentation, excluding your Customer Content. These Terms do not grant you any rights to our trademarks except limited use to identify your use of the Services as permitted.

9. Disclaimers

THE SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE.” TO THE MAXIMUM EXTENT PERMITTED BY LAW, WE DISCLAIM ALL WARRANTIES, WHETHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. WE DO NOT WARRANT THAT THE SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE.

10. Limitation of liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, NEITHER GROVLINK NOR UPSTART PRODUCTIONS WILL BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR LOSS OF PROFITS, DATA, OR GOODWILL. OUR AGGREGATE LIABILITY ARISING OUT OF THESE TERMS OR THE SERVICES WILL NOT EXCEED THE GREATER OF (A) THE AMOUNTS YOU PAID US FOR THE SERVICES IN THE TWELVE MONTHS BEFORE THE CLAIM OR (B) ONE HUNDRED U.S. DOLLARS (IF NO FEES APPLIED). SOME JURISDICTIONS DO NOT ALLOW CERTAIN LIMITATIONS; IN THOSE CASES, OUR LIABILITY IS LIMITED TO THE FULLEST EXTENT PERMITTED BY LAW.

11. Indemnity

You will defend and indemnify GrovLink and UpStart Productions against claims arising from Customer Content, your use of the Services in violation of these Terms, or your violation of law or third-party rights, except to the extent caused by our willful misconduct.

12. Termination

You may stop using the Services at any time. We may suspend or terminate access for breach of these Terms, non-payment, or risk to the Services. Provisions that by nature should survive (e.g., liability limits, indemnity, governing law) will survive termination.

13. Governing law

These Terms are governed by the laws of the State of Oregon, USA, excluding conflict-of-law rules. Courts in Oregon shall have exclusive jurisdiction, except that either party may seek injunctive relief in any court of competent jurisdiction.

14. Changes

We may update these Terms from time to time. We will post the updated Terms on this page and update the “Last updated” date. Continued use after changes constitutes acceptance of the revised Terms, except where additional notice or consent is required by law.

15. Contact

Questions about these Terms: hello@grovlink.com