Terms & Conditions

IMPORTANT — PLEASE READ CAREFULLY

These Terms of Service contain critical provisions including: (a) mandatory binding arbitration and class action waiver in Section 13; (b) broad limitations of liability in Section 10; (c) your full assumption of risk related to Discord platform enforcement in Section 6; and (d) a comprehensive indemnification obligation in Section 11. By accessing or using Growtiko, you acknowledge that you have read, understood, and agree to be bound by these Terms in their entirety.

1. Acceptance of Terms

By accessing, registering for, or using Growtiko (“the Service”), you (“User,” “you,” or “your”) agree to be legally bound by these Terms of Service (“Terms”). These Terms form a binding legal contract between you and Growtiko, LLC (“Growtiko,” “we,” “us,” or “our”). If you do not agree to every provision of these Terms, you must immediately stop all use of the Service.

Your continued use of the Service after any modification to these Terms constitutes your acceptance of those changes. If you are accepting these Terms on behalf of a business or other legal entity, you represent and warrant that you have authority to bind that entity.

2. Description of Service

Growtiko provides software tools that enable Discord server owners and administrators to send messages to their server members and collect email addresses through verification flows. The Service acts as a facilitator between you and your Discord community. Growtiko does not send, author, approve, or endorse any message content transmitted through the Service.

Growtiko is an independent software provider and is not affiliated with, endorsed by, sponsored by, or in any way officially connected to Discord Inc. (“Discord”). Discord’s trademark and service marks are the property of Discord Inc.

3. Account Registration & Subscriptions

3.1 Account Requirements

You must: (a) provide accurate, current, and complete registration information; (b) maintain the confidentiality of your login credentials; (c) be at least 18 years of age; (d) have the legal right and authority to operate the Discord servers you connect to the Service; and (e) promptly update your information if it changes.

You are solely responsible for all activity that occurs under your account. Growtiko is not liable for any loss or damage arising from your failure to maintain account security.

3.2 Subscription Tiers & Billing

•   Subscriptions are billed on a recurring basis through Stripe

•   ALL FEES ARE NON-REFUNDABLE under any circumstances, including account termination, service interruption, or dissatisfaction with results

•   Growtiko reserves the right to modify pricing at any time with 30 days’ notice

•   You authorize Growtiko to charge your payment method for all applicable fees, including renewals

•   Failure to pay may result in immediate suspension or permanent termination without notice

•   Chargebacks or payment disputes may result in immediate account termination and reporting to credit agencies

4. User Representations & Warranties

By using the Service, you represent, warrant, and covenant that:

•   You own, operate, or are duly authorized to administer every Discord server you connect to the Service

•   You have obtained all necessary consents, permissions, and authorizations from Discord users prior to messaging them

•   You have obtained all required consents to collect email addresses in compliance with all applicable laws

•   All content you transmit through the Service is accurate, not deceptive, and complies with all applicable laws and platform rules

•   You are not located in, under the control of, or a national or resident of any country subject to U.S. sanctions or embargoes

•   You will not use the Service in any manner that could expose Growtiko to legal liability

•   Your use of the Service complies with Discord’s Terms of Service, Developer Terms, and Community Guidelines as they exist at the time of use

5. Acceptable Use Policy

5.1 Permitted Uses

Subject to these Terms, you may use the Service to send messages to members of Discord servers that you own or administer, and to collect email addresses through compliant verification flows within those servers.

5.2 Strictly Prohibited Uses

You may NOT use the Service to:

•   Send spam, unsolicited commercial messages, or any content violating CAN-SPAM, GDPR, CASL, or any anti-spam law

•   Harass, abuse, threaten, defame, or defraud any person

•   Send phishing, malware, or deceptive content

•   Collect personal data without legally sufficient consent

•   Impersonate any person, organization, or Discord entity

•   Transmit hate speech, explicit content, threats, or illegal content

•   Scrape, mine, or harvest data from Discord or any third-party platform without authorization

•   Circumvent Discord’s rate limits, API restrictions, or safety systems

•   Share, sell, or sublicense access to your Growtiko account

•   Reverse engineer, decompile, or attempt to access our source code or proprietary systems

•   Use the Service in connection with any illegal business, pyramid scheme, or deceptive trade practice

•   Send messages to users who have not opted in or who have opted out

•   Engage in any activity that could result in legal liability for Growtiko

5.3 Content Responsibility

You are solely and exclusively responsible for all message content, email content, links, images, and any other material transmitted through the Service. Growtiko exercises no editorial control over User content and does not review, screen, or approve content before transmission. Growtiko reserves the right (but has no obligation) to remove content or suspend accounts in its sole discretion.

6. Discord Platform — Assumption of Risk

6.1 Independent Platform

Discord is an independent third-party platform over which Growtiko has no control, authority, or influence. Discord’s Terms of Service, API Terms, Community Guidelines, and enforcement policies change frequently and without notice. Growtiko makes no representation, warranty, or guarantee that your use of the Service will at any time be consistent with Discord’s current policies or that Discord will not take adverse action against your account, bot, or server.

6.2 Full Assumption of Discord-Related Risks

YOU EXPRESSLY ACKNOWLEDGE AND ASSUME ALL RISK THAT DISCORD MAY AT ANY TIME, FOR ANY REASON OR NO REASON, AND WITHOUT PRIOR NOTICE:

•   Ban, suspend, restrict, or terminate your Discord account, bot token, or server

•   Revoke your API access or bot permissions

•   Remove messages sent through the Service

•   Change its API terms, rate limits, or functionality in ways that affect the Service

•   Take any other enforcement action against you or your community

GROWTIKO SHALL HAVE NO LIABILITY WHATSOEVER FOR ANY DISCORD ENFORCEMENT ACTIONS, ACCOUNT BANS, BOT REVOCATIONS, OR PLATFORM CHANGES. YOU AGREE THAT DISCORD ACTIONS DO NOT ENTITLE YOU TO ANY REFUND, CREDIT, OR COMPENSATION FROM GROWTIKO.

6.3 User’s Discord Compliance Obligation

You are solely responsible for independently ensuring that your use of the Service, including all messages you send, complies with Discord’s then-current Terms of Service and policies. Growtiko’s labeling of any feature as “compliant” reflects only our good-faith assessment at the time of writing and does not constitute a legal opinion, guarantee, or warranty. Discord’s policies change, and Growtiko has no obligation to monitor or advise you of such changes.

7. Email Collection & Anti-Spam Compliance

You are solely responsible for ensuring that your email collection and marketing practices comply with all applicable laws including, without limitation, the CAN-SPAM Act, GDPR, CCPA/CPRA, CASL, and any other applicable privacy or anti-spam legislation.

You represent and warrant that: (a) you have a lawful basis for collecting each email address; (b) you will honor all unsubscribe and deletion requests promptly; (c) you will not use collected email addresses to send content that violates any law or platform rule; and (d) you will maintain adequate records of consent.

Growtiko is a technology provider only and is not responsible for how you use collected email data. Any fines, penalties, regulatory actions, or claims arising from your email practices are your sole responsibility.

8. Intellectual Property

The Service and all associated software, content, trademarks, trade names, and intellectual property are owned by Growtiko, LLC and protected by applicable laws. You receive only a limited, revocable, non-exclusive, non-transferable license to use the Service strictly in accordance with these Terms. No other rights are granted.

You retain ownership of content you create and send through the Service. By using the Service, you grant Growtiko a limited license to process and transmit your content solely as necessary to provide the Service. Growtiko will not use your content or your users’ email addresses for Growtiko’s own marketing purposes without your consent.

9. Service Availability & Modifications

Growtiko does not guarantee continuous, uninterrupted, or error-free service. The Service may be unavailable or degraded due to scheduled maintenance, technical failures, Discord API changes or outages, third-party service disruptions, force majeure events, or any other cause.

Growtiko reserves the right at any time, with or without notice, to: (a) modify, suspend, or permanently discontinue any feature or the entire Service; (b) change pricing, tier structures, or feature availability; (c) implement new technical restrictions; or (d) terminate the Service entirely. Growtiko shall not be liable to you or any third party for any such modifications, suspensions, or discontinuations.

10. Disclaimers & Limitations of Liability

10.1 No Warranties

THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT ANY WARRANTIES OF ANY KIND, EXPRESS, IMPLIED, OR STATUTORY, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, OR THAT THE SERVICE WILL MEET YOUR REQUIREMENTS OR BE UNINTERRUPTED OR ERROR-FREE.

10.2 No Guarantee of Results

GROWTIKO MAKES NO GUARANTEE WHATSOEVER REGARDING:

•   Message open rates, click-through rates, or engagement metrics

•   Revenue generation, business outcomes, or ROI from use of the Service

•   Email deliverability or inbox placement rates

•   Discord account safety, compliance, or freedom from enforcement

•   Continued compatibility with Discord’s API or features

•   The accuracy or completeness of any case studies, testimonials, or example results

Any case studies, testimonials, or metrics referenced in Growtiko marketing materials represent individual results that are not typical and are not guaranteed.

10.3 Limitation of Liability

GROWTIKO, ITS OFFICERS, DIRECTORS, MEMBERS, EMPLOYEES, AGENTS, AFFILIATES, LICENSORS, SUCCESSORS, AND ASSIGNS BEAR ABSOLUTELY NO RESPONSIBILITY OR LIABILITY OF ANY KIND WHATSOEVER ARISING OUT OF OR RELATED TO THE SERVICE, THESE TERMS, OR YOUR USE OF OR INABILITY TO USE THE SERVICE. THIS COMPLETE DISCLAIMER APPLIES TO ALL CLAIMS AND ALL CATEGORIES OF DAMAGES WITHOUT EXCEPTION, INCLUDING BUT NOT LIMITED TO:

• Direct, indirect, incidental, special, consequential, punitive, exemplary, or any other damages of any nature

• Loss of profits, revenue, business opportunities, data, goodwill, or anticipated savings

• Costs of substitute or replacement goods or services

• Any damages arising from Discord platform actions, account suspensions, bans, bot revocations, API changes, or policy enforcement

• Any damages arising from your violation of Discord's Terms, API Terms, or Community Guidelines

• Any damages arising from third-party claims, regulatory actions, fines, or penalties related to your use of the Service

• Service interruptions, downtime, data loss, unauthorized access, or system failures of any kind

• Claims by your Discord community members, email subscribers, or any other third party

• Any failure to achieve expected results, revenue, open rates, deliverability, or business outcomes

GROWTIKO'S TOTAL AGGREGATE LIABILITY TO YOU FOR ANY AND ALL CLAIMS IS ZERO DOLLARS ($0.00). YOU EXPRESSLY AGREE THAT GROWTIKO HAS NO MONETARY OR OTHER OBLIGATION TO YOU OF ANY KIND ARISING OUT OF OR RELATED TO THE SERVICE, REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT, TORT, STRICT LIABILITY, OR OTHERWISE, AND EVEN IF GROWTIKO HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

Some jurisdictions do not permit a complete exclusion of liability. In such jurisdictions, Growtiko's liability is limited to the absolute minimum amount permitted by applicable law

10.4 Third-Party Services

Growtiko is not responsible for the acts, omissions, or policies of Discord, Stripe, email service providers, or any other third party. Your use of third-party services is governed solely by the terms of those services.

11. Indemnification

You agree to defend, indemnify, and hold harmless Growtiko, LLC and its officers, directors, employees, agents, affiliates, successors, and assigns from and against any and all claims, damages, obligations, losses, liabilities, costs, debt, and expenses (including, without limitation, reasonable attorneys’ fees) arising out of or related to:

•   Your use of, or inability to use, the Service

•   Any content you transmit, publish, or distribute through the Service

•   Your violation of these Terms or any representation made herein

•   Your violation of Discord’s Terms of Service, API Terms, or Community Guidelines

•   Your violation of any applicable law, regulation, or third-party right

•   Any claim that your messages or email campaigns caused harm to a recipient

•   Any regulatory investigation, fine, or penalty related to your use of the Service

•   Discord’s enforcement actions against your account, bot, or server

•   Claims by your Discord community members or email subscribers

•   Any claim that your collection or use of personal data was unlawful

Growtiko reserves the right to assume exclusive control of the defense of any matter subject to indemnification by you, in which case you agree to cooperate fully and at your own expense.

12. Termination

12.1 Termination by You

You may cancel your subscription at any time through your account settings. Cancellation takes effect at the end of your current billing period. No refunds or credits are provided for unused portions of a billing period.

12.2 Termination by Growtiko

Growtiko may suspend or permanently terminate your account immediately and without prior notice or liability for any reason, including but not limited to:

•   Any actual or suspected violation of these Terms

•   Any actual or suspected violation of Discord’s Terms of Service or API Terms

•   Any activity that exposes or may expose Growtiko to legal liability, regulatory scrutiny, or reputational harm

•   Any fraudulent, abusive, or illegal activity

•   Failure to pay any fees when due

•   Discord’s revocation of our API access or bot permissions

•   Any requirement of law, court order, or regulatory directive

Growtiko’s termination of your account shall not entitle you to any refund, credit, or compensation.

12.3 Effect of Termination

Upon termination of your account for any reason: (a) your license to use the Service immediately terminates; (b) you may lose access to all account data, messages, and email lists; (c) Growtiko may delete your data without further notice; (d) all outstanding fees remain immediately due and payable; and (e) Sections 4, 6, 10, 11, 13, 14, and 15 survive termination.

13. Dispute Resolution

13.1 Governing Law

These Terms and any dispute arising out of or relating to the Service shall be governed by and construed in accordance with the laws of the State of Wyoming, United States, without regard to its conflict of law provisions.

13.2 Mandatory Binding Arbitration

PLEASE READ THIS SECTION CAREFULLY. IT SIGNIFICANTLY AFFECTS YOUR LEGAL RIGHTS.

Any dispute, claim, or controversy arising out of or relating to these Terms, the Service, or your use thereof (“Dispute”) shall be resolved exclusively through final and binding arbitration administered by the American Arbitration Association (“AAA”) under its Consumer or Commercial Arbitration Rules, as applicable. The arbitration shall take place in Sheridan, Wyoming, or via video conference at Growtiko’s election. The arbitrator’s award shall be final and binding and may be entered as a judgment in any court of competent jurisdiction.

Before initiating arbitration, the initiating party must provide the other party written notice describing the Dispute in reasonable detail and attempt good-faith resolution for a period of 30 days. Arbitration may not be initiated until this notice period expires.

13.3 Class Action Waiver

YOU AND GROWTIKO EACH IRREVOCABLY WAIVE ANY RIGHT TO PURSUE DISPUTES ON A CLASS, COLLECTIVE, CONSOLIDATED, OR REPRESENTATIVE BASIS. ALL DISPUTES MUST BE BROUGHT SOLELY IN AN INDIVIDUAL CAPACITY. THE ARBITRATOR HAS NO AUTHORITY TO HEAR OR DECIDE CLASS ARBITRATIONS. THIS WAIVER IS A MATERIAL INDUCEMENT TO GROWTIKO’S WILLINGNESS TO ENTER INTO THESE TERMS.

13.4 Small Claims Exception

Notwithstanding the foregoing, either party may bring an individual claim in small claims court if the claim qualifies and the matter remains in such court.

13.5 Time Limitation on Claims

You agree that any claim arising out of or related to the Service must be filed within one (1) year after the claim arose. Claims not filed within this period are permanently barred.

14. Privacy & Data

Your use of the Service is governed by our Privacy Policy, which is incorporated into these Terms by reference. By using the Service, you consent to the data practices described in our Privacy Policy. You remain solely responsible for the personal data of your own users and community members.

15. General Provisions

15.1 Entire Agreement

These Terms, together with the Privacy Policy and any additional policies referenced herein, constitute the entire agreement between you and Growtiko with respect to the Service and supersede all prior agreements, negotiations, representations, and understandings.

15.2 Severability

If any provision of these Terms is held invalid, illegal, or unenforceable, such provision shall be modified to the minimum extent necessary to make it enforceable, and the remaining provisions shall continue in full force and effect.

15.3 No Waiver

Growtiko’s failure to enforce any right or provision does not constitute a waiver. Any waiver must be in writing and signed by an authorized representative of Growtiko.

15.4 Assignment

You may not assign or transfer these Terms or any rights hereunder without Growtiko’s prior written consent. Growtiko may freely assign these Terms and its rights hereunder without restriction.

15.5 Force Majeure

Growtiko shall not be liable for any failure or delay in performance caused by circumstances beyond its reasonable control, including acts of God, natural disasters, war, terrorism, pandemic, government action, internet or infrastructure failure, Discord API outages or policy changes, or other third-party platform actions.

15.6 No Third-Party Beneficiaries

These Terms are for the sole benefit of you and Growtiko and do not create any third-party beneficiary rights.

15.7 Export Compliance

You agree to comply with all applicable export control laws and regulations. You represent that you are not located in, or a national of, any country subject to U.S. sanctions.

15.8 Modifications to Terms

Growtiko reserves the right to update or modify these Terms at any time. Material changes will be communicated via email or in-app notification at least 7 days before they take effect. Your continued use of the Service after the effective date of any change constitutes your acceptance of the revised Terms. If you do not agree to the revised Terms, you must stop using the Service before they take effect.

16. Contact Information

For questions about these Terms, please contact:

Growtiko, LLC

1309 Coffeen Avenue STE 1200

Sheridan, WY 82801, United States

Email: info@growtiko.com

Website: https://growtiko.com

BY USING GROWTIKO, YOU ACKNOWLEDGE THAT YOU HAVE READ THESE TERMS OF SERVICE IN THEIR ENTIRETY, UNDERSTAND THEM, AND AGREE TO BE LEGALLY BOUND BY ALL OF THEIR PROVISIONS.