Last Updated on November 1st, 2023

Please read these Terms & Conditions carefully before purchasing, accessing or using our website or any of our Subscription Services, Products or Programs.

These terms & conditions are entered into by and between You and GrowitUp Media Private Limited (“Company”, “we” or “us” ). The term “you” refers to any purchaser and/or user of any of our Subscription Services, Products and/or Programs.

The following terms and conditions, together with any documents they expressly incorporate by reference (collectively, these “Terms & Conditions”), govern your access to and use of https://growitup.co (the “Website” or “Site”) including any content, functionality, services and product offered on or through our Website.

These Terms & Conditions (“Terms & Conditions”) state how you may use our Website, Services, Products and Programs and any Material, and its content. Please read these Terms & Conditions carefully. We reserve the right to change these Terms & Conditions from time to time.

By using any of our Subscription Services, Products or Programs you are agreeing to the Terms & Conditions as they appear and are legally bound by them, whether or not you have read them. If at any time you do not agree with these Terms & Conditions, please do not use our Website or Subscription Services, Products or Programs.

These Terms & Conditions require the use of arbitration on an individual basis to resolve disputes, rather than jury trials, and limit the remedies available to you in the event of a dispute. You fully understand and agree that by subscribing, enrolling in, purchasing and/or using our Website or any of our Services, Products Programs and Materials that you are waiving certain legal rights and you are voluntarily agreeing to do so.

Intellectual Property Rights Ownership / Use license

The material provided on this Website is protected by law, including without limitation, Indian Copyright law. The copyright in all material provided on this Site is held by GrowitUp. Except as expressly permitted by GrowitUp, none of the material may be copied, reproduced, distributed, republished, downloaded, displayed, posted or transmitted in any form or by any means without the prior written permission of GrowitUp or the copyright owner.

Permission is granted to you to download and use the materials on this Website for personal, non-commercial use only, provided you do not modify the materials and that you retain all copyright and other proprietary notices contained in the materials.

You may not:

  • Modify or copy, adapt or represent any of our Services, Products or Materials in any way as if they are yours or created by you.
  • Use the Materials for any commercial purpose, or for any public display (commercial or non-commercial). You will not engage in improper and/or unauthorised use of our Services, Products or Materials. Improper and unauthorised use includes but is not limited to modifying, copying, reproducing, republishing, uploading, posting, transmitting, translating, selling, creating derivative works, exploiting, or distributing in any manner or medium (including by email or other electronic means) any Services, Program Materials or any other information accessed or purchased through our Website, Service, Products or Materials, or any other communications provided by us for your own personal use, business/commercial use or in any way that earns you money.
  • Duplicate, share, trade, sell, or otherwise distribute our Service, Program Materials to any other person, for their personal use, business/commercial use or in any way that earns them money, whether it was known to you or not at the time that you shared the information that their intention was to use the Service, Program and Materials for their own personal use or business/commercial use. This means you cannot share or sell or any part of our Service, Program and Materials to someone else so they can copy and/or use them for their own personal use, business/commercial use or in any way that earns them money. You are the only one granted a limited license to use our Service, Program and Materials.
  • Attempt to decompile or reverse engineer any software contained on GrowitUp website.
  • Remove any copyright or other proprietary notations from the materials.
  • Transfer the materials to another person or “mirror” the materials on any other server.

This permission shall automatically terminate if you violate any of these restrictions and may be terminated by GrowitUp at any time. Upon termination of your permission, you must destroy any downloaded materials in your possession whether in electronic or printed format. GrowitUp reserves the right to terminate your account / services at any time for any reason.

The materials on this Website are provided with “RESTRICTED RIGHTS.” Use, duplication, or disclosure by the Government is subject to restrictions as set forth in the applicable laws and regulations. Use of the Site by the Government constitutes acknowledgment of GrowitUp proprietary rights in them.

REQUEST FOR PERMISSION TO USE OUR CONTENT Any request for written permission to use our Website, Services, Products, or Materials, in whole or in part, or any other intellectual property or property belonging to us (“Content”), should be made BEFORE you wish to use it by sending an email to contact@growitup.co.

We very clearly state that you may not use our Website, Services, Products, or Materials, in whole or in part, in any way that is contrary to these Terms & Conditions unless we have given you specific written permission to do so.

If you are granted permission by us, you agree to use the specific Content that we allow and ONLY in the ways for which we have given you our written permission.

If you choose to use the content in ways that we do not specifically give you written permission, you agree now that you will be treated as if you had copied, duplicated and/or stolen such Content from us, and you consent to immediately stop using such Content and to take whatever actions as we may request and by the methods and in the time frame that we prescribe to protect our intellectual property and ownership rights in our Website, Services, Products, or Materials.

YOUR LICENSE TO US By posting or submitting any material on or through our Website, Services, Products, or Materials, such as comments, posts, photos, images or videos or other contributions, you are representing that you are the owner of all such materials and you are at least 18 years old.

When you submit to us or post any comment, photo, image, video or any other submission for use on or through our Website, you are granting us, and anyone authorised by us, an unlimited, royalty-free, perpetual, irrevocable, non-exclusive, unrestricted, worldwide license to use, copy, modify, transmit, sell, exploit, create derivative works from, distribute, and/or publicly perform or display such contributions, in whole or in part, in any manner or medium, now known or developed in the future, for any purpose, and granting us the right to make it part of our current or future Services, Products, and/or Materials This right includes granting us use or exploitation of proprietary rights or intellectual property rights like copyright, trademark, service mark, trade secrets, patent rights or any other of your intellectual property rights under any relevant jurisdiction without any further permission from you or compensation by us to you.

You also grant us, and anyone authorised by us, the right to identify you as the author of any of your comments, posts, photos, images, videos or other contributions by name, email address, or screen name. You acknowledge that we have the right but not the obligation to use and display any contributions from you of any kind and that we may elect to cease the use and display of any such contributions on our Website, Services, Products, or Materials at any time for any reason whatsoever.

Notwithstanding the foregoing, all personally identifiable information provided to GrowitUp will be handled in accordance with GrowitUp privacy policy. You are prohibited from posting or transmitting to or from this website any unlawful, threatening, libellous, defamatory, obscene, scandalous, inflammatory, pornographic, or profane material, or any other material that could give rise to any civil or criminal liability under the law.

MEDIA RELEASE By subscribing to our services Products, or Materials including our Facebook community, you consent to photographs, videos, and/or audio recordings that may be made that may contain you, your voice and/or your likeness. In our sole discretion, we reserve the right to use these photographs, videos, and or/audio recordings and/or any other materials submitted by you to us in connection with your participation in Services, Products, or Materials in our current or future Services, Products, or Materials, and/or our marketing or promotional efforts, without compensation to you at any time, now or at any time in the future.

SAMPLE WORK By default, you agree to provide GrowitUp with a non-exclusive right and license to publish your work in our portfolio, social media or other communication efforts. We will do our best to seek written permission before we post anything publicly. If you would like to revoke this right, please notify our team in writing to contact@growitup.co.

Disclaimer

GrowitUp try to ensure that the availability and delivery of Website, Services, Programs, Products and Materials is uninterrupted and error-free, including our content and communications through methods like our Website, Request systems, member forum, private Facebook groups, email communications, videos, audio recordings, webinars, recorded webinars, downloadable Mp3 audio files, downloadable PDF printed transcripts, downloadable PDF handouts/slides, handouts, ebooks, or any other materials provided by us to you. However, we cannot guarantee that your access will not be suspended or restricted from time to time, including to allow for repairs, maintenance or updates, although, of course, we will try to limit the frequency and duration of suspension or restriction. To the fullest extent permitted by law, we will not be liable to you for damages or refunds, or for any other recourse, should our Website, Services, Programs, Products and Materials become unavailable or access to them becomes slow or incomplete due to any reason, such as system backup procedures, internet traffic volume, upgrades, overload of requests to the servers, general network failures or delays, or any other cause which may from time to time make our Website, Services, Programs, Products and Materials inaccessible to you.

THE MATERIALS ON GROWITUP WEBSITE ARE PROVIDED “AS IS”. GROWITUP MAKES NO WARRANTIES, EXPRESSED OR IMPLIED, AND HEREBY DISCLAIMS AND NEGATES ALL OTHER WARRANTIES, INCLUDING WITHOUT LIMITATION, IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT OF INTELLECTUAL PROPERTY OR OTHER VIOLATION OF RIGHTS. FURTHER, GROWITUP DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS CONCERNING THE ACCURACY, LIKELY RESULTS, OR RELIABILITY OF THE USE OF THE MATERIALS ON ITS WEBSITE OR OTHERWISE RELATING TO SUCH MATERIALS OR ON ANY SITES LINKED TO THIS SITE.

Limitations

In no event shall GrowitUp or its suppliers be liable for any damages (including, without limitation, negligence, damages for loss of data or profit, or due to business interruption,) arising out of the use or inability to use the materials on be creatives internet site, even if be creatives or a GrowitUp authorized representative has been notified orally or in writing of the possibility of such damage. Because some jurisdictions do not allow limitations on implied warranties, or limitations of liability for consequential or incidental damages, these limitations may not apply to you. In no event shall the total liability of GrowitUp under this agreement exceed fifty dollars ($50), regardless of the cause of action, in tort, contract, or otherwise.

Revisions and data errata

The materials appearing on GrowitUp website could include technical, typographical, or photographic errors. GrowitUp does not warrant that any of the materials on its web site are accurate, complete, or current. GrowitUp may make changes to the materials contained on its Website at any time without notice. GrowitUp does not, however, make any commitment to update the materials.

Links

GrowitUp may provide links and pointers to other websites maintained by third parties that may take you outside of our Website, Services, Products, Programs or Materials. These links are provided for your convenience and the inclusion of any link in our Website, Services, Products, Programs or Materials to any other website does not imply our endorsement, sponsorship, or approval of that website or its owner. We do not endorse and we are not responsible for the views, opinions, facts, advice, or statements provided by external resources referenced in our Website or its Content, or their accuracy or reliability. We assume no responsibility for errors or omissions caused by other websites that may be included our Website, Services, Products, Programs or Materials. We have no control over the contents or functionality of those websites and so we accept no responsibility for any loss, damage, or otherwise that may arise from your use of them and therefore we do not guarantee the accuracy, completeness, or usefulness of any other website or their content. It is your responsibility to review the terms and conditions and privacy policies of those linked websites to confirm that you understand and agree with those policies.

GrowitUp has not reviewed all of the sites linked to its Website and is not responsible for the contents of any such linked site. The inclusion of any link does not imply endorsement by GrowitUp of the site. Use of any such linked website is at the user’s own risk.

Site terms of use modifications

GrowitUp may revise these terms of use for the Website at any time without notice. By using the Website you are agreeing to be bound by the current version of these Terms and Conditions of Use.

Governing law

Any claim relating to GrowitUp website shall be governed by the laws of the State of Wyoming without regard to its conflict of law provisions.

Fees, Refunds and No-Risk Guarantee

FEES You agree to pay the fees, in such amount and for such billing frequency as specified during registration, in full prior to any obligation of GrowitUp to perform under this Agreement. You further agree that, upon registering for the services through the Website, you authorize GrowitUp to charge your method of payment (e.g. credit card) for the fee on each anniversary of your registration date, based upon your billing frequency (e.g. monthly, quarterly, annually). Payment of the fees shall be in such amounts and at such times as set forth by GrowitUp through information provided to you and as authorized through the sign-up and registration process. Your account and access to the services provided via the Website may be suspended in the event of non-payment of applicable fees. You represent and warrant to GrowitUp that such payment information is accurate and that you are authorized to use the payment instrument. You will promptly update your account information with any changes (for example, a change in your billing address or credit card expiration date) that may occur.

CANCELLATION You may cancel your subscription with GrowitUp at any time. Upon cancellation, you will continue to have access to the GrowitUp services through the end of your paid billing term. GrowitUp may change its fees from time to time by posting the changes on the Website with 5 days’ prior notice, but with no advance notice required for temporary promotions or reductions in fees.

REFUNDS & NO-RISK GUARANTEE You may request a refund from us if you cancel your subscription either: (i) within 7 days of signing up. After this 7 day window, we will not issue a refund. From time to time, we may refuse a refund request if, at our sole discretion, we find evidence of fraud, refund abuse, or other manipulative behavior. Promotions, upgrades, add-ons and adjustments to existing plans are non-refundable.

To qualify for a refund, you must:

  • Provide us with clear direction during the editing process.
  • Provide feedback to your editor during the editing process.

You (the client) are responsible to use GrowitUp after payment.

Payment processing companies and Merchants may have privacy and data collection practices that are different from ours. We have no responsibility or liability for these independent policies of the payment processing companies and Merchants. In addition, when you make certain purchases through our Website, Services or Products you may be subject to the additional terms and conditions of a payment processing company, Merchant or us that specifically apply to your purchase. For more information regarding a Merchant and its terms and conditions that may apply, visit that merchant’s Website and click on its information links or contact the Merchant directly.

Ownership, Trademarks & Stock

OWNERSHIP You (the client) own all final videos, graphics, and files we create during any month paid in full. We do not provide any working files such as .prproj or .psd files. You will provide all content/copy to be used for our assets under your plan. TRADEMARK. You agree that any materials provided to GrowitUp are proofed and approved to be used in your assets and are not owned or trademarked by a different entity. You are responsible that any materials provided can be legally used in our assets. We are not liable for the materials you provide as it pertains to license or trademark issues and you represent to GrowitUp that all materials provided do not infringe on the intellectual property rights of third parties.

STOCK Subscriptions to stock photography or media are under a specific use license. Managed stock photography or assets (provided by Storyblocks, Envato Elements, Artlist or other services) are licensed to be used in the specific video files created by GrowitUp from a client request. Individual photos or assets will not be provided.

You agree to indemnify, defend, and hold harmless GrowitUp and its affiliates, officers, members, managers, agents, successors, and assigns (the “Indemnified Parties”) from and against all claims, demands, liabilities, damages, and costs including, without limitation, its reasonable attorneys’ fees, arising out of or relating to (i) your breach of any of the terms of this Agreement, (ii) your use of the services provided pursuant to the Site, and (iii) infringement of third party’s intellectual property rights or other proprietary rights.

Provided Assets & Output files

PROVIDED ASSETS Assets include but are not limited to video resolutions (16×9, 9×16, 4×5, 1×1) and type (video meme, animated quote, audiograms, GIF). Assets are provided in .mp4 format and are uploaded to the client’s Google Drive folder unless agreed otherwise.

OUTPUT FILES While we do our best to minimize any mistakes, due to the nature of creative design and video editing, we cannot guarantee all files delivered will be 100% error free. Upon file delivery, you agree to review and proof all files for any errors or omissions and notify our team if any changes/corrections are needed. We will do our best to rush any edits to correct the mistakes. GrowitUp is not responsible or liable for any losses or expenses incurred from errors or omissions.

DEDICATED ACCOUNT MANAGER GrowitUp account manager is responsible for providing a complete Video Launch Plan. Only GrowitUp account manager is responsible for helping with the video editing process with the content you provide. You will have an on boarding meeting with your Account manager or representative of GrowitUp to guide the direction in which your content will be curated. Your account manager will use their best expertise and judgement to help figure out your needs, style, branding, content ideas and help with video marketing strategies.

Requests

Each request may only be used for one piece of content for up to 60 minutes. You may only submit one video request to be edited per order, however, you can choose different aspect ratios you need as well as a quote and the thumbnails. If you want different length videos from the same video footage, these should be submitted as separate orders.

Each request will ask for specific information to be provided, such as content location for download, in and out timestamps to trim the content, header copy, image quote copy, thumbnail details, CTA and more. GrowitUp reserves the right to make adjustments to the request form without notice and all fields requested will be required to be filled for a request to be added to the queue.

Video Templates

All plans come with template sets that are renewed quarterly unless agreed otherwise. You are always able to purchase additional template sets to be used with your subscriptions and there is no cap on the amount you can purchase.

While we can do our best to accommodate specific needs and modifications to the template set, the assets included must be in line with the nature of the seven original assets provided by default.

Each template set will include the following:

  • Facebook & Instagram Video Meme or Audiogram: square (1080px x 1080px) or vertical(1080px x 1350px), with captions on the video for video or audio submissions by default.
  • Facebook Instagram Stories and IGTV (vertical 1080px x 1920px) with captions on the video for video or audio submissions by default.
  • Landscape Youtube, Linkedin (1920px x 1080px) with no captions on the video for video or audio submissions by default. You will be supplied with the caption file to upload to YouTube or you can request captions on the video file if preferred.
  • Square Image Quote: 1080px x 1080px, up to 25 words max.
  • Vertical Image Quote: 1080px x 1920px, up to 25 words max.
  • Square or Vertical Facebook Ads Thumbnail: (1080px x 1080px or 1080px x 1350px) with all text scaled to under 20% of the image.
  • Landscape YouTube Thumbnail: 1920px x 1080px

Confidentiality

We uphold confidentiality in all communication regarding your brand and business. We will only communicate to those who have been authorized on your account and will not share any information provided with anyone outside our organization, subject to our Privacy Policy.

To use our Website, Services, Programs, Products or Materials, we may seek personal data or information including your name, email address, phone number, street address, billing information, birthday, preferences, interests, assignments, or other personally-identifying information (“Confidential Information”), or you may offer or provide a comment, photo, image, video or any other submission to us when using or participating in our Services, Programs, Products or Materials (“Other Information”). By providing such Confidential Information or Other Information to us, you grant us permission to use and store such information. We, in turn, will use our best efforts to keep your Confidential Information safe, secure and confidential in accordance with these Terms & Conditions and our full Privacy Policy which may be found on our Website. If you believe that any of your Confidential Information is incorrect or incomplete, please contact us as soon as possible. We will promptly correct any Confidential Information found to be incorrect.

WHAT WE DO WITH CONFIDENTIAL INFORMATION We request and require various personal data and/or Confidential Information to understand your needs and provide you with better services. In addition, we may use such data and Confidential Information for the following reasons: (1) for internal record keeping, (2) to improve our Website, Services, Programs, Products or Materials, (3) to periodically send promotions about new Services, Programs, Products or other special offers from which you may unsubscribe at any time, (4) for aggregate, non-identifiable data for research purposes, (5) to customise the respective Website, Services, Products or Programs you purchase or use according to your interests and/or (6) for support or communication related to Website, Services, Program, Product or Materials.

STORAGE All data and Confidential Information is stored through a data management system. This data and Confidential Information can only be accessed by those who help manage that information in order to deliver email or otherwise contact those who would like to receive our correspondence. You agree and acknowledge that we, including but not limited to our team, staff and affiliates, and those who manage the data management system may have access to your Confidential Information. We do care about your privacy, so please read our Privacy Policy here.

CONFIDENTIALITY AND DISCLOSURE All Confidential Information will be held in confidentiality and will not be disclosed to third parties, except that we may disclose Confidential Information and personally identifiable information: (1) pursuant to this terms of these Terms & Conditions and Privacy Policy (2) if we are required to do so by law, (3) in the good-faith belief that such action is necessary to conform to the law, (4) to comply with any legal process served on either us or our partners, sponsors, investors, or affiliates, (5) to protect and defend our rights or property or those of our users or purchasers, and/or (6) to act as immediately necessary in order to protect the personal safety of our users, purchasers, or the public. We will not sell, distribute or lease your Confidential Information to third parties unless we have your permission or are required by law to do so.

VIEWING BY OTHERS Note that whenever you make your Confidential Information or Other Information available for viewing by others such as through our Services, Programs, Products or Materials, our Website or social media, the Confidential Information or Other Information that you share also can be seen, collected and used others, and therefore, we cannot be responsible for any unauthorized use by others of such Confidential Information or Other Information that you voluntarily share online or in any other manner.

HOW WE USE COOKIES We may use the standard “cookies” feature of major web browsers. We do not set any Confidential Information in cookies, nor do we employ any data-capture mechanisms on our Website other than cookies. You may choose to disable cookies through your own web browser’s settings. However, disabling this function may diminish your experience on the Website and some features of our Website, Services, Programs, Products, or Materials may not work as intended. We have no access to or control over any information collected by other individuals, companies or entities whose website or materials may be linked to our Website, Services, Programs, Products or Materials.

To read more about what, where and why we use cookies, please read our Privacy Policy.

Non-Abuse

If we find that you are not in alignment with our model, violate our core values, or you are abusing our services or team in any way, including using our services for illegal or adult/pornographic purposes, we reserve the right to cancel your account.

Your right to use the GrowitUp services shall terminate upon your breach of any term of this Agreement.

Review the knowledge base

Finally, you agree that you’ve reviewed and understand the content within our knowledge base outlining details on how our service works and its scope of service.