Terms & Conditions
Welcome to Growtiko. These Terms of Service govern your use of our platform and outline the agreement between you and Growtiko.
1. Acceptance of Terms
By accessing or using Growtiko ("the Service"), you agree to be bound by these Terms of Service ("Terms"). If you do not agree to these Terms, do not use the Service.
2. Description of Service
Growtiko provides Discord mass messaging and email capture tools that enable Discord server owners to communicate with their communities and build email lists. The Service operates in compliance with Discord's Terms of Service and applicable laws.
3. Account Registration and Subscription Tiers
3.1 Account Creation
You must provide accurate, current, and complete information during registration. You are responsible for maintaining the confidentiality of your account credentials.
3.2 Subscription Tiers
The Service offers multiple subscription tiers:
Free Tier: Limited preview access to features
Standard Tier: Enhanced messaging capabilities
Pro Tier: Advanced features with increased message frequency
3.3 Payment Terms
Subscriptions are billed through Stripe on a recurring basis
Payments are non-refundable except as required by law
You authorize us to charge your payment method for all fees
Failure to pay may result in service suspension or termination
We reserve the right to change pricing with 30 days notice
4. Acceptable Use Policy
4.1 Permitted Uses
You may use the Service to:
Send compliant messages to Discord community members
Capture email addresses through Discord verification
Build and manage email lists
Engage your Discord community
4.2 Prohibited Uses
You may NOT use the Service to:
Send spam, unsolicited messages, or harassing content
Violate Discord's Terms of Service or Community Guidelines
Collect personal information without consent
Impersonate others or misrepresent your identity
Send malicious links, malware, or phishing attempts
Violate any applicable laws or regulations
Share your account credentials with others
Reverse engineer or attempt to access our source code
Use the Service for illegal activities
Send messages containing hate speech, threats, or explicit content
Manipulate or abuse the Service's features
4.3 Discord Compliance
You acknowledge that:
You must comply with Discord's Terms of Service and API Terms
Discord may restrict or terminate your bot or server at any time
You are responsible for obtaining necessary permissions from Discord users
The Service operates within Discord's rate limits and guidelines
5. Email Collection and Verification
5.1 Consent Requirements
You represent and warrant that:
You have obtained proper consent to collect email addresses
Your email collection practices comply with CAN-SPAM, GDPR, and applicable laws
You will provide clear opt-out mechanisms in all communications
You will honor unsubscribe requests promptly
5.2 Data Usage
Email addresses collected through the Service:
Are owned by you, the account holder
May be exported and used in your own marketing systems
Must be used in compliance with anti-spam laws
Should be stored securely and protected from unauthorized access
6. Intellectual Property
6.1 Our Rights
The Service, including all content, features, and functionality, is owned by Growtiko and protected by copyright, trademark, and other intellectual property laws.
6.2 Your Rights
You retain all rights to content you create using the Service, including messages and email campaigns.
6.3 License
We grant you a limited, non-exclusive, non-transferable license to use the Service in accordance with these Terms.
7. Service Availability and Modifications
7.1 Availability
We strive for high uptime but do not guarantee uninterrupted service. The Service may be unavailable due to:
Scheduled maintenance
Technical difficulties
Discord API changes or outages
Third-party service disruptions
7.2 Modifications
We reserve the right to:
Modify, suspend, or discontinue any part of the Service
Update these Terms with notice to users
Change features, pricing, or functionality
Implement new restrictions or requirements
8. Termination
8.1 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.
8.2 By Us
We may suspend or terminate your account immediately if:
You violate these Terms
You engage in prohibited activities
Your payment method fails
Required by law or Discord
You abuse or misuse the Service
8.3 Effect of Termination
Upon termination:
Your access to the Service will cease
You may lose access to your data
Outstanding fees remain due
You must cease using any Growtiko branding
9. Disclaimers and Limitations of Liability
9.1 Service "As Is"
THE SERVICE IS PROVIDED "AS IS" WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT.
9.2 No Guarantee of Results
We do not guarantee:
Specific open rates or engagement metrics
Discord compliance or approval
Email deliverability rates
Revenue or business outcomes
Compatibility with third-party services
9.3 Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY LAW, GROWTIKO SHALL NOT BE LIABLE FOR:
INDIRECT, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES
LOST PROFITS, REVENUE, OR DATA
SERVICE INTERRUPTIONS OR DATA LOSS
THIRD-PARTY ACTIONS (INCLUDING DISCORD)
AMOUNTS EXCEEDING FEES PAID IN THE LAST 12 MONTHS
9.4 Third-Party Services
We are not responsible for:
Discord's actions, policies, or service availability
Stripe's payment processing
Email service provider deliverability
Third-party integrations or tools
10. Indemnification
You agree to indemnify and hold harmless Growtiko, its officers, directors, employees, and agents from any claims, damages, losses, or expenses (including legal fees) arising from:
Your use of the Service
Your violation of these Terms
Your violation of any laws or third-party rights
Content you send through the Service
Your Discord server or community activities
11. Data and Privacy
Your use of the Service is also governed by our Privacy Policy. By using the Service, you consent to our data practices as described in the Privacy Policy.
12. Dispute Resolution
12.1 Governing Law
These Terms are governed by the laws of the State of Wyoming, United States, without regard to conflict of law principles.
12.2 Arbitration
Any disputes shall be resolved through binding arbitration rather than in court, except you may assert claims in small claims court if they qualify.
12.3 Class Action Waiver
You agree to resolve disputes individually and waive the right to participate in class actions or class arbitrations.
13. General Provisions
13.1 Entire Agreement
These Terms constitute the entire agreement between you and Growtiko regarding the Service.
13.2 Severability
If any provision is found unenforceable, the remaining provisions remain in effect.
13.3 Waiver
Our failure to enforce any right or provision does not constitute a waiver of that right.
13.4 Assignment
You may not assign these Terms. We may assign our rights and obligations to any party.
13.5 Force Majeure
We are not liable for failures caused by circumstances beyond our reasonable control.
14. Contact Information
For questions about these Terms, contact us at:
Growtiko, LLC
1309 Coffeen Avenue STE 1200
Sheridan, WY 82801
United States
Email: info@growtiko.com
Website: https://growtiko.com
15. Changes to Terms
We may update these Terms periodically. Continued use of the Service after changes constitutes acceptance of the new Terms. Material changes will be communicated via email or Service notification.
By using Growtiko, you acknowledge that you have read, understood, and agree to be bound by these Terms of Service.
