Terms of Service Wave: Instagram feed & TikTok App
Last updated: January 12, 2024
Please read these Terms of Service (“Terms”) carefully before using the Wave: Instagram feed & TikTok application available following the link https://growavelabs.com/(“App”) — the application for merchants who operate their online stores on the Shopify platform (“Merchant” or “you”).
The App is owned and operated by LLC “Growave” (“Growave” or “we”).
These Terms contain important information about your legal rights and obligations. If you do not agree with these Terms, please, do not use and delete the App.
Our Growave App Privacy Notice describes our collection and use of personal data in connection with your access to and the App use.
If you have any questions or comments about these Terms or the App, please contact us.
These Terms and any policies, including our Privacy Notice for the App and any operating rules published on the Wave: Instagram feed & TikTok website (https://growavelabs.com/instaphotos) regarding relationships with the Merchants, constitute the entire legally binding agreement and understanding between Merchants and Growave governing their use of the App (“Agreement”).
When you use the App, you with this declare and warrant that:
you have read, understand, and hereby agree to be legally bound by and to comply with these Terms in full;
you are an individual with full legal capacity, which means you have reached the legal age and are not restricted otherwise (otherwise, you can use the App exclusively with the involvement of a parent or guardian);
if you act on behalf of the legal entity, you are duly authorised to represent such an entity that owns a Shopify account to enter into this Agreement;
according to your local jurisdiction, you are eligible to enter into the Agreement and have no restriction to use the App;
you comply with these Terms and all applicable laws and regulations.
App Services
The App provides the following functionality (“Services”):
Wave: Instagram feed & TikTok - enables the Merchants to showcase galleries with Instagram photos and TikTok videos.
Installation and Account
Installation
You must use your Shopify account to install the App. Your personalized App account (“Account”) will be created automatically using your Shopify store's credentials.
Your Account will be activated once you install the App and will allow you to administer the App.
Your responsibility is to ensure that your use of the App and Account does not contravene applicable laws, rules, or regulations. You are obliged to keep your Shopify store's credentials up to date.
Uninstallation of the App
To uninstall the App — tap the "Uninstall" button from Shopify Settings, which will cancel your subscription, and your data will be removed from our systems within 48 hours and all backups will be deleted in 7 days.
Subscription
To use the App’s functionality, you must choose one of the subscription plans we offer, which differ in subscription fee, term, number of orders, and available Services list. You can learn more about our subscription plans following the link https://apps.shopify.com/instagram-photos.
We reserve the right to change the subscription plans and the list of Services available under them at any time. We will notify you on any such changes.
Payment terms
All payments under these Terms will be charged via Shopify.
You can obtain a refund for the remaining unused period only if all the following requirements are met:
you uninstalled the App at the beginning of the subscription period;
The final decision to issue a refund is made solely by our customer support team within 30 days. Shopify will return an agreed sum in term, defined in its policies.
Content and intellectual property rights
Growave Content
The App is owned and controlled by Growave. Unless otherwise agreed in writing, all materials in the App, including text, graphics, software, information, images, designs, trademarks, logos, photographs, video, sounds, music, and any other materials, and the intellectual property rights in such materials (“Content”) belong to Growave or is included in the App with the consent of the owner.
Subject to your compliance with this Agreement, Growave grants you a limited, non-exclusive, non-sublicensable, revocable, non-transferable, worldwide licence to access and use the App, the Services and the Content under these Terms for commercial purposes.
Under this licence, you may not:
use any robot, spider, another automatic device, or manual process to monitor, copy, or “scrape” the Content or for any other unauthorised purpose without our prior written consent;
avoid, bypass, remove, deactivate, impair, descramble or otherwise circumvent any technological measure implemented by Growave to protect it;
use the App for illegal purposes;
change or delete any Growave ownership notices from materials downloaded or printed from the App;
use the Content or any of its elements in any way not provided for in these Terms without the prior written permission of Growave or owners of the Content.
Any attempt to do so is considered a violation of these Terms and the rights of Growave. If you violate any of these restrictions, your use of the App will be reviewed and terminated, and you may be subject to legal actions and damages.
Merchant Content
You may submit text, images, photos, documents, information etc. (“Merchant Content”) through the App. You are exclusively responsible for all Merchant Content and the consequences of submitting it through the App. We do not verify the Merchant Content’s accuracy, quality, content or legality. We may, but are under no obligation to review, analyse, filter, edit or remove any Merchant Content. We are not responsible for preventing or identifying infringement of intellectual property rights or non-compliance with applicable laws. Growave will not be liable, directly or indirectly, in any way for any damage or loss caused or alleged to be caused by or in connection with the Merchant Content.
You are responsible for obtaining all necessary consents, licences and waivers required to submit the Merchant Content through the App. These may include consents, licences and waivers from copyright, trademark and other intellectual property owners, and any other individuals involved in creating the Merchant Content.
By submitting the Merchant Content you represent and warrant that:
you own or have the necessary licences, rights, consents and permissions to use and publish the Merchant Content;
the uploading of your Merchant Content in the App and the licences granted to Growave under this Agreement do not violate the third parties’ rights;
no payments of any kind shall be due by Growave to any person (entity) for the use of the Merchant Content.
You retain all rights, titles and interests in and to the Merchant Content you submit through the App. By submitting the Merchant Content through the App, you grant us a worldwide, perpetual, irrevocable, royalty-free, fully paid-up, non-exclusive, sublicensable and transferable licence to use, run, host, reproduce, process, translate, adapt, modify, publish, transmit, distribute and display the Merchant Content.
This licence gives a permission to:
secure, encode, reproduce, host, cache, route, reformat, analyse and create algorithms and reports based on access to and use of the Merchant Content;
use, enhance, personalise, deliver, exhibit, publish, broadcast, publicly display, publicly perform, distribute, create derivative works, promote, copy, store, and reproduce (in any form) the Merchant Content on or through the App.
Personal data processing
Your personal data in the App is processed as indicated in the Growave App Privacy Notice.
Third-party services and websites
The App may contain links to other websites and services governed by third parties, as well as some features of the App may be made available or accessed in connection with third-party services or content that Growave does not control.
We are not responsible for the content and services offered through those or any other websites, as well as for any losses, damages, or other liabilities incurred as a result of your use of any third-party websites or services.
You acknowledge that other legal documents may apply to your use of such third-party websites, services, and content.
Warranties and disclaimers
The App is provided «as is». Growave explicitly disclaims all warranties, express or implied, regarding the App, Content and Services you may obtain or access through the App, including, but not limited to, implied warranties of title, merchantability, fitness for a particular purpose and non-infringement of intellectual property rights.
The Сompany may provide updates to the App from time to time that you may have to install to continue using the App.
We do our best to keep your data safe and secure and maintain the App’s functionality. However, the App may be subject to unavailability for various factors beyond our control, including emergencies, third-party service failures, hacker attacks, transmission, equipment or network problems or limitations, interference, signal strength, and may be interrupted, refused, limited, or curtailed.
We are not responsible for data loss or the inability to use passwords or other information for login or identification.
Growave does not guarantee that the App will be uninterrupted or error-free, that any defects will be corrected, or that the App is free of anything else harmful.
Limitation of liability
We shall not be held responsible if any information, materials, or the Content available through the App is inaccurate or incomplete and for typographical errors or omissions in the text, or other materials.
In no event shall we or our subcontractors or any other team members be liable for:
any direct, indirect, incidental, special or consequential damages, including lost profits, loss of data, or damage to property, related to the use or inability to use the App;
damage caused by the use of information obtained through the App, caused by a defect in the Services provided under these Terms;
any damage caused by any errors, defects, and interruptions in the App.
We will not be liable for any delay or failure to perform any obligation under this Agreement where the delay or failure results from any cause beyond our reasonable control.
Growave shall not be liable for any results of your application of the App in your business activity.
Our liability under these Terms is limited to 100 USD.
Indemnification
You agree to defend, indemnify and hold harmless us from and against all claims, responsibility, damages, losses, and expenses, including reasonable legal and accounting expenses, arising from:
any breach by you of any of these Terms;
your use/misuse of the App;
a violation by you of applicable law, our or third party’s intellectual property or other rights, or any agreement or terms with a third party to which you are subject.
We reserve the right to handle our legal defence; however, we see fit, including instances when you indemnify us. Therefore, you agree to cooperate with us, so we execute our strategy.
Applicable law and dispute resolution
These Terms shall be exclusively governed by and construed under the laws of the Kyrgyz Republic, excluding its rules on conflict of laws.
You agree that any dispute, conflict, claim, or controversy directly or indirectly arising out of in connection with or relating to these Terms, including, without limitation, those relating to its validity, its construction, or its enforceability shall be settled through amicable negotiations directly with us following the principles of good faith and cooperation.
If attempts to reach a consensus through the negotiations fail, the dispute shall be settled in the International Court of Arbitration in Affiliation with the Chamber of Commerce and Industry of the Kyrgyz Republic in accordance with the Rules (or at the initiating party’s discretion – the Expedited Rules) of the Court by single arbitrator) chosen pursuant to the then-applicable Rules. The arbitration proceedings may be conducted in English, Russian or Kyrgyz, as agreed by the parties on the language to be used.
Mutual communication
By using the App and providing us with your contact details, you understand and agree that we may send you electronic notifications via email and messengers and services for calls logged by such details regarding, without limitation:
your use of the App;
updates of the App and these Terms;
commercial emails.
You may unsubscribe from receiving commercial emails from us by following the instructions provided in such emails.
You can book a call with our support team, during which we will agree with you on the scope of services, which you need, and an appropriate subscription plan. In addition, we may receive the following information:
your name / name of your entity;
email address;
phone number;
location;
URL of your store;
description of your business;
the reason for contacting Growave;
technical features of your store.
With the registered Merchants we communicate through:
chat in a messenger;
ticket (email);
Skype for phone calls;
Zoom or Google Meet for video calls.
You may receive information about updates and notifications through:
chat in a messenger;
ticket (email);
phone calls;
video calls;
newsletters;
blog posts.
Termination
Termination by Growave
We reserve the right at our sole discretion with prior notice to modify, suspend or discontinue the App, Content, Services, features, or offers at any time. You agree that we shall not be liable to you or any third party should any of the preceding occur.
We reserve the right to take whatever lawful actions we may deem appropriate in response to actual or suspected violations of these Terms or applicable laws, including, without limitation, the suspension or termination of your licence and access to the App.
We may cooperate with legal authorities and third parties to investigate any suspected or alleged crime or civil wrong.
Termination by you
You may terminate these Terms by tapping the "Delete the App" button and no longer accessing and using the App or by contacting us.
Termination consequences
In case of termination:
you will lose access to the App, its Services and tools;
all permissions and licences under these Terms will immediately terminate.
Support
We help Merchants with setting up the App with initial settings and fix blemishes if there are any.
You can obtain help in the following ways of support we provide:
Help Center;
live chat;
ticket (email);
video call;
phone calls.
If you have a technical issue, contact us and we will tackle it with the help of responsible technical support engineers.
Merchants may complain about the work of the App through the live chat, by sending an email, calling us.
We review complaints, investigate the reasons and problems if there are any and provide solutions. We respond to Merchant’s complaints as soon as possible.
We sincerely ask you to be polite and friendly, or we will not be able to respond to communications that contain offensive remarks.
Other terms
We may transfer our rights and obligations under these Terms to a third party, but this will not affect your rights or our obligations hereunder. You may only transfer your rights or obligations under these Terms to another individual or entity if we agree in writing.
We reserve the right, at any time at our sole discretion, to modify these Terms. If material changes affect your use of the App, we’ll notify you before the changes’ effective date via email or other communication means mentioned above. If you continue to use the App, you agree to the updated version of these Terms.
If any provision of these Terms is determined to be unlawful, void, or unenforceable, the remaining provisions of these Terms will continue to be fully valid, binding, and enforceable.
A printed version of these Terms shall be admissible in judicial or administrative proceedings based on or relating to the use of the App to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.
Contact Information
Name
LLC “Growave”
Registration number
168692-3308-OOO
Address
The Kyrgyz Republic, Chui region, Kok-Zhar village, Kuyukov street 11/4
