Legal

Terms of Service (Archived)

Effective September 23, 2026

Archived version — no longer in effect. This is a frozen copy for reference only. View the current version.

Terms of Service

Effective: September 23, 2026

These Terms of Service ("Terms") are a binding agreement between you and Shopinzip Inc, a New Jersey company at 222 Highview Drive, Clifton, NJ 07013, USA ("Shopinzip," "we," "us"). They govern your use of GrowingWhale, including growingwhale.com, its subdomains, apps, APIs, MCP server, automations and related services (the "Service").

By creating an account, clicking "I agree," or using the Service, you accept these Terms. If you accept on behalf of a business, you confirm you have authority to bind it, and "you" / "Member" means that business. If you do not agree, do not use the Service.

These Terms incorporate our Privacy Policy, Cookie Policy, AI & Integrations Terms, Data Processing Addendum and Data Deletion Instructions (together, the "Policies").

IMPORTANT: SECTION 17 CONTAINS A BINDING ARBITRATION AGREEMENT AND CLASS-ACTION WAIVER THAT AFFECT YOUR LEGAL RIGHTS.

1. Eligibility

You must be at least 18 and able to form a binding contract. The Service is a business tool and is not directed to children. You must not use it if you are barred under applicable law, including US sanctions and export laws.

2. The Service

GrowingWhale is a growth platform for small and medium businesses. Features may include:

  • website and page building
  • CRM and lead management
  • social media publishing
  • Google Business Profile management
  • advertising tools
  • abandoned-cart recovery
  • AI assistants
  • workflow automations
  • connectors to third-party apps

We may add, change or remove features at any time. Beta, preview or "early access" features are provided as is, may be withdrawn without notice, and are excluded from any service commitment.

3. Accounts and security

  • You must provide accurate information and keep it current.
  • You are responsible for all activity under your account, including activity by your team members, API keys, connected apps and automations.
  • Keep credentials confidential, use strong passwords and enable multi-factor authentication where offered.
  • Notify us immediately at hello@growingwhale.com of any unauthorized access. We are not liable for losses caused by unauthorized use of your credentials that result from your failure to secure them.

4. Subscriptions, billing and payments (Stripe)

  • Payment processor. Payments are processed by Stripe, Inc. We do not store full card numbers; card data is handled by Stripe under PCI-DSS. Your use of Stripe is also subject to the Stripe Services Agreement and Stripe Privacy Policy.
  • Recurring billing. Paid plans renew automatically at the end of each billing period (monthly or annual) at the then-current price until cancelled. By subscribing, you authorize us (through Stripe) to charge your payment method on each renewal.
  • Price changes. We will give at least 30 days' notice of price changes for existing subscriptions. Changes take effect at your next renewal.
  • Taxes. Prices exclude taxes unless stated. You are responsible for applicable sales, use, VAT, GST or similar taxes.
  • Failed payments. If a payment fails, we may retry, suspend paid features, or downgrade your account after notice.
  • Cancellation. You may cancel anytime in account settings. Cancellation takes effect at the end of the current billing period, and you keep access until then.
  • Refunds. Fees are non-refundable except where required by law or expressly stated in writing. At our sole discretion, we may issue a refund or credit for a first-time annual subscription cancelled within 14 days of purchase. No refunds are given for partial periods, unused features or downgrades.
  • Chargebacks. Please contact us before disputing a charge. Unfounded chargebacks may result in account suspension.
  • Payments you accept. If you use GrowingWhale to accept payments from your own customers, you do so through your own Stripe (or other processor) account. You are the merchant of record and are solely responsible for:
    • your products and fulfillment
    • refunds, disputes and chargebacks
    • taxes and compliance with your processor's terms

5. Member content and customer data

  • Ownership. You own the content and data you upload or collect through the Service ("Member Data"). This includes your customers' and leads' data.
  • License to us. You grant us a worldwide, non-exclusive, royalty-free license to host, copy, process, transmit and display Member Data only as needed to provide, secure and improve the Service and as described in the Policies.
  • Your responsibilities. You represent that:
    • you have all rights, consents and legal bases to collect and use Member Data. This includes marketing consents (e.g. TCPA, CAN-SPAM, WhatsApp/SMS opt-in, GDPR/DPDP where applicable).
    • your use of Member Data complies with law and the terms of any connected platform.
  • Controller / processor. For personal data of your customers, you are the controller and we are your processor, as described in the DPA.
  • Backups. We take commercially reasonable backup measures. However, you are responsible for maintaining your own copies of important data. We are not liable for loss or corruption of Member Data except as caused by our gross negligence or willful misconduct.

6. Acceptable use

You must not, and must not allow others to:

  • break any law, or infringe or misappropriate anyone's rights
  • send spam or unsolicited messages, or message people without required consent
  • upload malware, or probe, scan or test the vulnerability of the Service without our written permission
  • breach or circumvent security, rate limits or access controls
  • scrape, reverse engineer, or resell the Service without authorization
  • publish content that is:
    • unlawful, defamatory, hateful, harassing, sexually explicit involving minors, or fraudulent
    • deceptive advertising
    • fake reviews
    • impersonation
  • misuse Google, Meta or other third-party data. This includes using it for surveillance, profiling of sensitive traits, eligibility decisions (credit, housing, employment, insurance), or selling it.
  • use the Service to build a competing product, or to train AI models on our Service or on others' data without authorization
  • overload the Service or interfere with other Members

We may investigate and remove content, suspend features, or terminate accounts for violations. We may also report unlawful activity to authorities.

7. Third-party services and connectors

The Service lets you connect third-party services. Examples include Google (Sign-In, Business Profile, Ads, Analytics), Meta (Facebook, Instagram, WhatsApp), Stripe, Anthropic Claude, n8n, Zoho and other APIs ("Third-Party Services").

Third-Party Services are not controlled by us. Your use of them is governed by their own terms and privacy policies. We are not responsible for their availability, accuracy, security, changes to their APIs, suspensions, account bans or data handling.

When you connect one, you authorize us to access and act on that account within the scopes you grant. You are responsible for actions you instruct or automate there. See the AI & Integrations Terms.

8. AI features

AI outputs may be inaccurate, incomplete or unsuitable. You must review AI-generated content and actions before relying on or publishing them. Full terms are in the AI & Integrations Terms.

9. Intellectual property

The Service, including its software, designs, templates, trademarks ("GrowingWhale") and documentation, is owned by Shopinzip Inc or its licensors. Subject to these Terms, we grant you a limited, non-exclusive, non-transferable, revocable right to use the Service for your internal business purposes during your subscription.

Feedback. If you send suggestions, we may use them freely without obligation.

10. Copyright complaints (DMCA)

If you believe content on the Service infringes your copyright, send a notice to hello@growingwhale.com (subject: "DMCA Notice"). The notice must include:

  1. your physical or electronic signature
  2. identification of the copyrighted work
  3. identification and location (URL) of the infringing material
  4. your contact details
  5. a statement of good-faith belief that the use is unauthorized
  6. a statement, under penalty of perjury, that the notice is accurate and that you are authorized to act

Counter-notices must meet 17 U.S.C. §512(g). We terminate repeat infringers.

11. Availability and support

We aim for high availability but do not guarantee that the Service will be uninterrupted, timely, secure or error-free. Maintenance, updates, third-party outages, internet failures and events beyond our control may cause downtime.

Unless a separate written SLA is signed, we provide no uptime commitment and no service credits. Support is available at hello@growingwhale.com.

12. Suspension and termination

  • You may stop using the Service and cancel anytime.
  • We may suspend or terminate your access immediately if:
    • you breach these Terms
    • you create security, legal or reputational risk
    • required by law or by a Third-Party Service
    • your account is unpaid
  • After termination, we may delete Member Data 30 days after the termination date. During that window you may request an export. After that, deletion is permanent, except for residual backups, which are purged in the normal cycle, and records we must keep by law.
  • Sections that by their nature should survive (including 5, 9, 13–18) survive termination.

13. Disclaimer of warranties

TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE SERVICE, AI OUTPUTS, INTEGRATIONS, TEMPLATES AND ALL CONTENT ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EXPRESS, IMPLIED OR STATUTORY. THIS INCLUDES WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, ACCURACY, AND UNINTERRUPTED OR SECURE OPERATION.

WE DO NOT WARRANT ANY BUSINESS RESULT, INCLUDING RANKINGS, LEADS, SALES, AD PERFORMANCE OR ACCOUNT APPROVALS BY THIRD PARTIES.

NO METHOD OF TRANSMISSION OR STORAGE IS 100% SECURE, AND WE CANNOT GUARANTEE ABSOLUTE SECURITY OF DATA.

14. Limitation of liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW:

  • (a) SHOPINZIP INC AND ITS OFFICERS, EMPLOYEES, AGENTS, SUPPLIERS AND LICENSORS WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE DAMAGES, OR FOR LOST PROFITS, REVENUE, GOODWILL, DATA OR BUSINESS OPPORTUNITIES. THIS INCLUDES DAMAGES ARISING FROM:

    • UNAUTHORIZED ACCESS TO OR ALTERATION OF DATA
    • SERVICE INTERRUPTIONS
    • THIRD-PARTY SERVICES
    • AI OUTPUTS
    • AUTOMATIONS YOU CONFIGURE

    THIS APPLIES EVEN IF WE WERE ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

  • (b) OUR TOTAL AGGREGATE LIABILITY FOR ALL CLAIMS RELATING TO THE SERVICE WILL NOT EXCEED THE GREATER OF (i) THE FEES YOU PAID US IN THE 12 MONTHS BEFORE THE EVENT GIVING RISE TO THE CLAIM, OR (ii) US $100.

  • (c) THESE LIMITS APPLY TO ALL THEORIES OF LIABILITY (CONTRACT, TORT INCLUDING NEGLIGENCE, STATUTE OR OTHERWISE) AND EVEN IF A REMEDY FAILS OF ITS ESSENTIAL PURPOSE.

Some jurisdictions do not allow certain exclusions. In those jurisdictions, our liability is limited to the fullest extent permitted.

15. Indemnification

You will defend, indemnify and hold harmless Shopinzip Inc and its affiliates, officers, employees and agents from any claims, damages, losses, fines, penalties and expenses (including reasonable attorneys' fees) arising from:

  • (a) Member Data or content
  • (b) your use of the Service or Third-Party Services
  • (c) your automations, messages, ads or AI-assisted actions
  • (d) your breach of these Terms or of law
  • (e) your violation of any third party's rights, including your customers' privacy rights

16. Force majeure

We are not liable for delay or failure caused by events beyond our reasonable control, including:

  • acts of God, fire, flood, epidemic
  • war, terrorism
  • labor disputes
  • government action
  • power or internet failure
  • cyberattacks despite reasonable safeguards
  • failures or policy changes of hosting providers or Third-Party Services

17. Dispute resolution, arbitration and class-action waiver

  • Informal resolution first. Before filing a claim, contact hello@growingwhale.com and try in good faith to resolve it for 30 days.
  • Binding arbitration. Any dispute not resolved informally will be resolved by binding individual arbitration administered by the American Arbitration Association under its Commercial Arbitration Rules. The seat is Passaic County, New Jersey (or virtually). Judgment on the award may be entered in any competent court.
  • Class-action waiver. CLAIMS MAY BE BROUGHT ONLY IN AN INDIVIDUAL CAPACITY, NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY CLASS, CONSOLIDATED OR REPRESENTATIVE PROCEEDING. NO JURY TRIAL.
  • Exceptions. Either party may:
    • bring qualifying claims in small-claims court
    • seek injunctive relief in court for IP infringement or unauthorized access
  • Time limit. Any claim must be brought within one (1) year after it arises, or it is permanently barred, to the extent permitted by law.

18. Governing law and venue

These Terms are governed by the laws of the State of New Jersey, USA, without regard to conflict-of-laws rules. They are also subject to the Federal Arbitration Act.

For matters not subject to arbitration, the state and federal courts located in Passaic County, New Jersey have exclusive jurisdiction.

Mandatory consumer or data-protection rights in your country are not affected.

19. Changes to these Terms

We may update these Terms. For material changes we will notify you by email or in-app at least 15 days before they take effect, unless a change is required by law or security. Continued use after the effective date means acceptance.

20. General

  • Entire agreement. These Terms and the Policies are the entire agreement between us.
  • Severability. If any provision is unenforceable, the rest remain in effect.
  • No waiver. Our failure to enforce a right is not a waiver.
  • Assignment. You may not assign these Terms without our consent. We may assign them in a merger, acquisition or sale of assets.
  • Relationship. Nothing in these Terms creates a partnership, agency or employment relationship.
  • Notices. Notices to us go to hello@growingwhale.com and 222 Highview Drive, Clifton, NJ 07013, USA.

21. Contact

Shopinzip Inc · 222 Highview Drive, Clifton, NJ 07013, USA · hello@growingwhale.com