Terms of Service

Version 2.0 · Effective October 2, 2026 · Last updated October 2, 2026

These Terms of Service ("Terms") are a binding agreement between you and Shopinzip Inc, a New Jersey corporation at 222 Highview Drive, Clifton, NJ 07013, USA ("Shopinzip," "we," "us"). They govern your use of GrowingWhale (the "Service").

IMPORTANT: SECTION 20 CONTAINS A BINDING ARBITRATION AGREEMENT, A CLASS-ACTION WAIVER AND A JURY-TRIAL WAIVER. YOU MAY OPT OUT OF ARBITRATION WITHIN 30 DAYS AS EXPLAINED IN SECTION 20.7.

1. Agreement and acceptance

• You accept these Terms when you tick the acceptance box at signup, click "I agree," sign an order form that references them, or continue to use the Service after we present an updated version to you.
• We keep a record of the version you accepted and when. That record is evidence of your agreement.
• If you accept on behalf of a business or other organization, you confirm you have authority to bind it. "You" and "Member" then mean that organization.
• These Terms incorporate our Privacy Policy, Cookie Policy, AI & Integrations Terms, Data Processing Addendum ("DPA"), Data Deletion Instructions and Security page (together, the "Policies").
• If you do not agree, do not use the Service.

2. Definitions

• "Domains" means growingwhale.ai, our website for the Service, and its subdomains, including studio.growingwhale.ai and mcp.growingwhale.ai; growingwhale.app, where Member websites are hosted; and any other domain we operate that redirects to them.
• "Service" means the GrowingWhale websites, the Studio app, mobile and desktop apps, APIs, our MCP server, automations, websites we host for Members, and related services, on any Domain.
• "Member" means the business that holds a GrowingWhale account.
• "Users" means the individuals a Member authorizes to use its account, including employees, contractors, agency staff and Clients.
• "End Users" means the Member's own customers, leads, website visitors, message recipients and other people whose data the Member collects through the Service.
• "Member Data" means content and data submitted to or collected through the Service by or for a Member, including End-User data.
• "Third-Party Services" means services we don't control that you connect to or use with the Service, such as Google, Meta, Microsoft, Stripe, Anthropic, n8n, Zoho and messaging carriers.
• "AI Features" means features that use AI models, including our MCP server.

3. Eligibility and business use only

• You must be at least 18 and able to form a binding contract.
• The Service is for business use only. You must use it for a trade, business, craft or profession, not for personal, family or household purposes. By accepting these Terms, you confirm you are acting as a business. If consumer-protection law applies to you anyway, your mandatory rights under it are not affected.
• You must not use the Service if you are located in, or ordinarily resident in, a country subject to comprehensive US sanctions, or if you are on a US government restricted-party list. You must not export or re-export the Service in breach of US or other applicable export laws.
• Some features, including AI Features, messaging and payments, are available only in countries our providers support. We may limit them by location.

4. Accounts, users and agencies

4.1 Your account. You must give accurate information and keep it current. You are responsible for all activity under your account, including activity by your Users, API keys, connected apps, automations and AI clients.

4.2 Users. Each User must accept these Terms the first time they sign in. You are responsible for your Users' compliance and for removing access when it's no longer needed. If ownership of an account is disputed, we may rely on the instructions of the account owner on record and ask for proof of business ownership.

4.3 Security. Keep credentials confidential, use strong passwords and turn on multi-factor authentication where offered. Tell us immediately at security@growingwhale.com about any unauthorized access. We are not liable for losses caused by unauthorized use of credentials you failed to secure.

4.4 Agencies. If you use the Service to manage other businesses ("Clients"), you:

• confirm you have each Client's written authorization to connect its accounts and process its data;
• are responsible for your Clients' use of the Service and for all fees, unless a Client pays us directly;
• will give each Client terms at least as protective of us as these Terms, and the Privacy Policy;
• accept that we may deal directly with a Client that owns a connected account where law or a platform requires it.

5. Plans, billing and payments

5.1 Free plans and trials. Free-plan features and limits are shown on our pricing page and may change. Free plans have no uptime or support commitment. We may delete a free account that has been inactive for 6 consecutive months after giving 30 days' notice by email. A trial converts to a paid plan only if you have given payment details and we have told you the conversion date and price beforehand. Cancel before the trial ends to avoid being charged.

5.2 Recurring billing. Payments for GrowingWhale subscriptions are processed by Stripe, Inc. We don't store full card numbers. Paid plans renew automatically at the end of each billing period (monthly or annual) at the then-current price until you cancel. By subscribing, you authorize us, through Stripe, to charge your payment method on each renewal. For annual plans, we email you a reminder 15 to 45 days before renewal with the price and how to cancel.

5.3 Price changes. We give at least 30 days' notice of price changes for existing subscriptions. Changes take effect at your next renewal. You may cancel before then.

5.4 Usage and pass-through charges. Some features carry usage charges at the rates shown in the app, including SMS and phone numbers, carrier and sender registration fees, messaging-platform fees, email volume, AI usage above plan limits and domain registrations. Advertising spend is billed to you directly by the ad platform, not by us.

5.5 Taxes. Prices exclude taxes unless stated. You are responsible for sales, use, VAT, GST and similar taxes, other than taxes on our income.

5.6 Failed payments and disputed charges. If a payment fails, we may retry it. If it's still unpaid 7 days after we notify you, we may suspend paid features or downgrade your account. To dispute a charge, email legal@growingwhale.com within 30 days of the charge and pay any undisputed amount.

5.7 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.

5.8 Refunds. If you cancel your first annual subscription within 14 days of the initial purchase, we refund it in full. This applies once per business. Otherwise, fees are non-refundable except as required by law or under Sections 10.3 and 16.5. Usage charges are non-refundable.

5.9 Chargebacks. Please contact us before disputing a charge with your bank. If you dispute a charge you authorized, we may suspend your account and recover the amount plus any dispute fees.

5.10 Payments you accept from your customers. This section applies once payment features are available. If you use them to accept payments from your own customers, the payment processing is provided by Stripe, and you must accept Stripe's Connected Account Agreement, which includes the Stripe Services Agreement. You agree to give us accurate information about you and your business and authorize us to share it, and your transaction information, with Stripe for those services. In addition:

• You are the merchant of record. You are solely responsible for your products, fulfillment, refunds, disputes, chargebacks, taxes and compliance with your processor's terms.
• Any platform fee we charge on your transactions is shown before you enable payments.
• We are not a bank, money transmitter or escrow agent, and we never hold your customers' funds.

6. Member Data

6.1 Ownership. You own Member Data.

6.2 Our license. You grant us a worldwide, non-exclusive, royalty-free license to host, copy, process, transmit and display Member Data only to provide, secure, support and maintain the Service, prevent abuse and comply with law, as described in the Policies.

6.3 Limits on our use. We use Member Data to improve the Service only in de-identified or aggregated form, or to fix problems you report. We never use Member Data to train generalized AI models. We never sell Member Data. We use Google and Meta user data only as allowed by Sections 6 and 7 of the Privacy Policy.

6.4 Usage data. We own usage, performance and configuration data about how the Service operates, and aggregated or de-identified statistics, as long as they don't identify you, your Users or End Users.

6.5 Your responsibilities. You confirm that:

• you have every right, notice, consent and legal basis needed to collect and use Member Data, including marketing and messaging consents;
• you publish your own privacy policy to your End Users;
• your use of Member Data complies with law and with the terms of every connected platform.

6.6 Roles. For End-User personal data, you are the controller (or "business") and we are your processor (or "service provider"), as set out in the DPA.

6.7 Backups. We take commercially reasonable backup measures, but you must keep 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.

7. Acceptable use

You must not, and must not let anyone else:

General

• break any law, or infringe or misappropriate anyone's rights;
• upload malware, or probe, scan or test the Service's vulnerabilities except under our vulnerability disclosure rules on the Security page;
• breach or circumvent security, rate limits or access controls;
• scrape, reverse engineer or resell the Service, except as an agency under Section 4.4;
• use the Service to build a competing product, or to train AI models on the Service or on others' data without authorization;
• overload the Service or interfere with other Members.

Content

• publish child sexual abuse material or any sexual content involving minors, which we report to the National Center for Missing & Exploited Children;
• publish sexually explicit or adult content;
• publish content that is unlawful, defamatory, hateful, harassing or threatening;
• run fraud, phishing, deceptive advertising or impersonation.

Reviews and listings

• create, buy or publish fake reviews or testimonials, or reviews from people who didn't use your product;
• offer incentives conditioned on positive reviews;
• gate reviews, meaning ask only satisfied customers to review you publicly or steer unhappy customers away from public review sites;
• suppress negative reviews through threats or false claims;
• create fake, duplicate or misleading Google Business Profile listings or addresses.

Data

• misuse Google, Meta or other third-party data, including for surveillance, profiling of sensitive traits, eligibility decisions (credit, housing, employment, insurance) or data brokering;
• sell, rent or resell leads or contact lists;
• message people whose contact details you bought, rented or scraped.

Health and other regulated data

• Protected health information. You must not use the Service to create, receive, store or transmit protected health information under HIPAA. We are not a Business Associate and we do not sign Business Associate Agreements. If you are a healthcare provider, health plan or their vendor, you may use the Service only for your public website and general marketing, not for patient forms, booking, CRM, messaging or chat.
• Unless a feature expressly supports it, you must not collect through the Service payment card numbers, bank account numbers, government ID numbers, biometric data, precise geolocation, or data from children under 13.

Restricted industries. Without our prior written approval, you must not use the Service for cannabis or CBD, firearms or ammunition, adult services, gambling, payday or high-interest lending, debt collection or relief, cryptocurrency or investment offers, multi-level marketing, pharmacy or controlled substances, tobacco or vaping, political campaigns or political ads, or lead generation for resale. You must also follow the restrictions of Stripe, Meta, Google and messaging carriers, which may be stricter.

We may investigate, remove content, suspend features, suspend or close accounts, and report unlawful activity to authorities, platforms or carriers.

8. Messaging: SMS, WhatsApp, email and calls

8.1 You are the sender. You decide who receives your messages and calls and what they say. You are the sender and initiator under the Telephone Consumer Protection Act (TCPA), CAN-SPAM, state telemarketing and texting laws, and equivalent laws elsewhere.

8.2 Consent. Before messaging or calling anyone, you must obtain every consent the law requires, including prior express written consent for marketing texts. Consent must be given to your business, not bought or shared. Keep consent records for at least 4 years and give them to us on request.

8.3 Opt-outs. You must honor opt-outs (STOP, unsubscribe or any reasonable request) promptly and within the time the law requires. We may process opt-out keywords automatically across your account, and you must not override them.

8.4 Quiet hours. You must not send marketing messages before 8 am or after 9 pm in the recipient's local time, or outside narrower hours set by state law. We enforce default quiet hours that you may not disable for marketing messages.

8.5 Registration. You must give accurate information for sender registrations, including 10DLC brand and campaign registration, toll-free verification and WhatsApp Business verification. We may register on your behalf. Registration fees pass through to you, and carriers or Meta may reject or suspend registrations.

8.6 Content. Identify your business in your first message, include opt-out instructions, and follow the CTIA Messaging Principles, carrier rules and the WhatsApp Business Messaging Policy.

8.7 Email. Include your physical address and a working unsubscribe link, and use accurate headers and subject lines. Don't email purchased lists. We may pause sending if your complaint or bounce rates exceed our providers' limits.

8.8 Calls, recordings and AI voice agents. Before you, your staff or an AI voice agent calls anyone through the Service, you must:

• obtain prior express consent for any call that uses an artificial or AI-generated voice or a prerecorded message, and prior express written consent where the call is telemarketing; the FCC treats AI-generated voices as artificial voices under the TCPA;
• check telemarketing calls against the National Do Not Call Registry, applicable state lists and your own do-not-call list;
• make sure an AI agent says at the start of each call that it is an AI assistant calling for your business, names your business and gives a callback number;
• if calls are recorded or transcribed, announce it and obtain the consent required by the strictest applicable law; some US states require every party's consent;
• not call emergency lines, hospitals, or numbers you know belong to minors, and respect the quiet hours in Section 8.4;
• review and limit what you instruct an AI agent to do.

You are responsible for every call an AI agent places for you and for everything it says, promises, books or does on your behalf. We may limit call volume, hours or destinations, and end calls that appear unlawful or abusive.

8.9 Our rights. We may block, throttle or pause messages and calls to protect recipients, the Service or our sender reputation, or when a carrier or platform requires it. Carrier fines and penalties caused by your traffic are passed through to you.

8.10 Delivery. Carriers and platforms control delivery. We don't guarantee any message or call will be delivered or delivered on time.

9. Websites, chat and tracking tools you run on GrowingWhale

9.1 Your site. You are responsible for your website's content, claims, prices, intellectual property, terms and privacy policy, cookie-banner settings, accessibility and compliance with consumer-protection law. Our templates are starting points; they are not compliant by default.

9.2 Chat, call tracking and pixels. If you enable live chat, AI chat, call tracking or recording, form analytics, pixels or similar tools on your site, you must:

• disclose them in your privacy policy and where they're used;
• obtain any consent required, including under wiretap and eavesdropping laws such as the California Invasion of Privacy Act;
• configure the consent settings we provide.

We process End-User data from these tools only as your service provider, to provide them to you. We don't use it for our own advertising, don't sell it, and don't combine it with other Members' data except in de-identified form to secure and operate the Service.

9.3 Domains. Domains you connect remain yours. If we register a domain on your behalf, we register it for your benefit and will provide what's needed to transfer it on request, subject to registrar rules and any fees owed for it. Subdomains of our Domains (such as yourname.growingwhale.app) are licensed to you while your account is active and are not yours to keep.

9.4 Takedowns. We may disable all or part of a site that violates these Terms or the law, or that is the subject of a valid legal complaint.

10. Third-party services and advertising

10.1 Their terms apply. Third-Party Services are governed by their own terms and privacy policies, and you must follow them, including Google Business Profile guidelines, Google Ads policies, Meta's Platform and Commercial Terms, the WhatsApp Business policies, Microsoft's terms, Stripe's terms and Anthropic's Usage Policy. We don't control Third-Party Services and aren't responsible for their availability, accuracy, security, API changes, suspensions, account bans or data handling.

10.2 Authorization. When you connect a Third-Party Service, you authorize us to access and act on that account within the scopes you grant. You are responsible for actions you instruct, approve or automate there.

10.3 Platform changes. Features that depend on a Third-Party Service or its approval may change or stop. If such a change removes a core feature of your paid plan, you may cancel and we will refund prepaid fees for the unused period.

10.4 Advertising. You are the advertiser of record for ads you run through the Service. Ad platforms bill your ad spend to you. You are responsible for ad content, targeting, budgets and compliance with ad policies and law, including special rules for housing, employment and credit ads. If you upload customer lists to build audiences, such as Meta Custom Audiences or Google Customer Match, you instruct us to send them to that platform for that purpose, and you must have the right and any consent needed to do so and accept that platform's audience terms. We don't guarantee ad approval or results.

10.5 Required disconnection. We may disconnect a Third-Party Service if its provider requires it or if keeping it connected creates legal or security risk.

11. AI features

AI outputs may be inaccurate, incomplete or unsuitable. You must review AI-generated content and actions before relying on, publishing or sending them. AI Features may be unavailable in some locations. The AI & Integrations Terms govern AI Features, our MCP server, automations and connectors.

12. Copyright complaints (DMCA)

12.1 Our designated agent. We respond to notices under the Digital Millennium Copyright Act. Send notices to our designated agent:

Area, Founder (Copyright Agent), Shopinzip Inc, 222 Highview Drive, Clifton, NJ 07013, USA · +1 (585) 662-7707 · dmca@growingwhale.com

12.2 Notices. A notice must include:

1. your physical or electronic signature;
2. identification of the copyrighted work;
3. identification of the infringing material and enough information to locate it, such as a URL;
4. your name, address, phone number and email;
5. a statement that you believe in good faith the use is not authorized by the owner, its agent or the law;
6. a statement that the notice is accurate and, under penalty of perjury, that you are the owner or authorized to act for the owner.

12.3 Counter-notices. If your content was removed and you believe that was a mistake, send our agent a counter-notice that includes:

1. your physical or electronic signature;
2. identification of the removed material and where it appeared;
3. a statement under penalty of perjury that you believe in good faith it was removed by mistake or misidentification;
4. your name, address and phone number, and consent to the jurisdiction of the federal district court for your address (or, if outside the US, any district where we may be found), and to accept service from the person who sent the notice.

We may restore the material 10 to 14 business days after receiving a valid counter-notice unless the complaining party tells us it has filed a court action.

12.4 Repeat infringers and misuse. We terminate the accounts of repeat infringers in appropriate circumstances. Anyone who knowingly misrepresents infringement may be liable under 17 U.S.C. §512(f). Send trademark and other IP complaints to legal@growingwhale.com.

13. Intellectual property and feedback

The Service, including its software, designs, templates, trademarks (including "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, and as an agency for your Clients under Section 4.4, during your subscription. Template elements in your published site are licensed for use on the Service only.

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

14. Confidentiality

Each party will protect the other's non-public business, technical and financial information with reasonable care, and use it only to perform these Terms. This doesn't apply to information that is public through no fault of the recipient, already known to it, independently developed or lawfully received from someone else. A party may disclose information when the law requires, after giving the other party notice where legally allowed. These duties last for three years after termination, and for trade secrets as long as they remain secret. Personal data in Member Data is governed by the DPA.

15. Availability, support and beta features

We aim for high availability but do not guarantee 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, there is no uptime commitment and no service credits. Support is available at hello@growingwhale.com. Beta, preview or early-access features are provided as is, may be withdrawn without notice and are excluded from any commitment.

16. Suspension and termination

16.1 By you. You may cancel anytime under Section 5.7.

16.2 Suspension. We may suspend all or part of the Service immediately if you create a security risk, breach Sections 7 or 8, fail to pay, or if the law, a carrier or a Third-Party Service requires it. We will notify you when practical and restore access once the issue is resolved.

16.3 Termination for cause. Either party may terminate if the other materially breaches these Terms and doesn't cure the breach within 15 days of notice. We may terminate immediately for breaches of Sections 7 or 8, illegal activity or repeated suspensions.

16.4 Termination for convenience. We may end your subscription for any reason with 30 days' notice.

16.5 Refund on our termination. If we terminate under Section 16.4, we refund prepaid fees for the unused period.

16.6 Your data after termination.

• If your account ends by cancellation, non-payment or termination by us, you have 30 days to export Member Data. After that, we delete it within a further 30 days, and backups are overwritten within 35 days after deletion.
• If you delete your account yourself, there is no export window. Deletion starts immediately, as described in the Data Deletion Instructions.
• We may keep data we must retain by law and records needed for legal claims. We may withhold export where the law prohibits it.

16.7 Survival. Sections 5 (for fees owed), 6, 12, 13, 14, 16.6, 16.7 and 17 to 21 survive termination.

17. 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, INCLUDING 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, VISIBILITY IN AI ANSWERS, LEADS, SALES, AD PERFORMANCE, MESSAGE DELIVERY, OR APPROVALS BY GOOGLE, META, CARRIERS OR OTHER THIRD PARTIES. NOTHING IN THE SERVICE IS LEGAL, TAX, FINANCIAL OR MEDICAL ADVICE.

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

18. Limitation of liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW:

(a) SHOPINZIP INC AND ITS AFFILIATES, 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, INCLUDING DAMAGES ARISING FROM UNAUTHORIZED ACCESS TO OR ALTERATION OF DATA, SERVICE INTERRUPTIONS, THIRD-PARTY SERVICES, AI OUTPUTS, OR AUTOMATIONS AND MESSAGES YOU CONFIGURE, EVEN IF ADVISED OF THEIR POSSIBILITY.

(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, INCLUDING CONTRACT, TORT (INCLUDING NEGLIGENCE) AND STATUTE, EVEN IF A REMEDY FAILS OF ITS ESSENTIAL PURPOSE.

(d) THESE LIMITS DO NOT LIMIT YOUR OBLIGATION TO PAY FEES, YOUR INDEMNITY OBLIGATIONS, YOUR LIABILITY FOR BREACHING SECTIONS 7 OR 8, OR ANY LIABILITY THAT CANNOT BE LIMITED BY LAW.

19. Indemnification

19.1 Your indemnity. You will defend, indemnify and hold harmless Shopinzip Inc, its affiliates, and their officers, employees and agents from any third-party claims, regulatory actions, damages, losses, fines, penalties and expenses (including reasonable attorneys' fees) arising from:

• (a) Member Data or your content, including your websites;
• (b) your use of the Service or Third-Party Services;
• (c) your messages, calls, automations, ads or AI-assisted actions, including claims under the TCPA, CAN-SPAM, wiretap and privacy laws;
• (d) your Clients, if you are an agency;
• (e) your breach of these Terms or of law;
• (f) your violation of anyone's rights, including your End Users' privacy rights.

19.2 Procedure. We will notify you promptly of a claim; a delay relieves you only to the extent it prejudices you. You control the defense with counsel reasonably acceptable to us, and we may take part at our own cost. You may not settle a claim in a way that admits fault by us or imposes obligations on us without our written consent.

20. Dispute resolution, arbitration and governing law

20.1 Informal resolution first. Before starting any claim, the party with the dispute must email a description of it (to legal@growingwhale.com, or to your account email) and both parties must try in good faith to resolve it for 30 days.

20.2 Binding arbitration. Any dispute arising from or relating to these Terms or the Service that isn't resolved informally will be resolved by binding individual arbitration administered by the American Arbitration Association under its Commercial Arbitration Rules, before a single arbitrator. The seat is Passaic County, New Jersey, and hearings may be held by video. The Federal Arbitration Act governs this Section 20. Judgment on the award may be entered in any competent court.

20.3 Delegation. The arbitrator decides all questions about the scope, validity and enforceability of this arbitration agreement, except that a court decides questions about Sections 20.4, 20.5 and 20.10.

20.4 Class-action and jury waiver. CLAIMS MAY BE BROUGHT ONLY IN AN INDIVIDUAL CAPACITY, NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY CLASS, CONSOLIDATED OR REPRESENTATIVE PROCEEDING. EACH PARTY WAIVES ITS RIGHT TO A JURY TRIAL IN ANY PROCEEDING IN COURT.

20.5 Mass arbitration. If 25 or more similar demands are filed against us by or with the help of the same or coordinated counsel, they will be administered in batches: 10 demands proceed first (five chosen by each side), the rest are stayed, and filing fees for stayed demands are deferred until they proceed. The parties will then mediate globally before further batches. The AAA's mass-arbitration rules apply where they don't conflict with this section.

20.6 Exceptions. Either party may bring an individual claim in small-claims court, or seek injunctive relief in court for infringement of intellectual property, breach of confidentiality or unauthorized access to the Service.

20.7 Opt-out. You may opt out of arbitration by emailing legal@growingwhale.com within 30 days after you first accept these Terms (or, for existing Members, within 30 days after you accept version 2.0). Include your name, your account email and a statement that you opt out of arbitration. If you opt out, Section 20.9 governs disputes in court, and Section 20.4 still applies.

20.8 Time limit. Any claim must be brought within one year after it arises, or it is permanently barred, to the extent the law allows.

20.9 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. For matters not subject to arbitration, the state courts in Passaic County, New Jersey, and the United States District Court for the District of New Jersey have exclusive jurisdiction, and each party consents to them.

20.10 If the class waiver fails. If the class-action waiver is found unenforceable for a claim, that claim proceeds in court under Section 20.9, never in class arbitration.

20.11 Mandatory rights. Nothing in this Section 20 removes rights you have under mandatory law in your country.

21. General

• Order of precedence. If documents conflict, this order applies: (1) a signed order form or agreement with us; (2) the DPA, for processing of personal data; (3) the AI & Integrations Terms, for the features they cover; (4) these Terms; (5) the other Policies.
• Entire agreement. These Terms and the Policies are the entire agreement between us about the Service.
• Severability and waiver. If a provision is unenforceable, the rest remain in effect. A failure to enforce a right is not a waiver.
• Assignment. You may not assign these Terms without our consent. We may assign them to an affiliate, or in a merger, acquisition or sale of assets.
• Relationship. Nothing here creates a partnership, agency, joint venture or employment relationship. There are no third-party beneficiaries.
• Force majeure. Neither party is liable for delay or failure caused by events beyond its reasonable control, such as natural disasters, epidemics, war, terrorism, labor disputes, government action, power or internet failures, cyberattacks despite reasonable safeguards, or failures or policy changes of hosting providers and Third-Party Services. This doesn't excuse payment obligations.
• Electronic communications. You agree to receive notices, agreements and disclosures electronically, and that they satisfy any requirement that they be in writing.
• Notices. Notices to us go to legal@growingwhale.com, with a copy to Shopinzip Inc, 222 Highview Drive, Clifton, NJ 07013, USA. Notices to you go to your account owner's email and take effect when sent.
• Publicity. We may name you and show your logo as a customer. To opt out, email legal@growingwhale.com.
• Trademarks. Claude is a trademark of Anthropic, PBC. Google, Meta, Microsoft, Stripe and n8n are trademarks of their owners. GrowingWhale is not affiliated with or endorsed by them unless we say so expressly.
• Language and headings. The English version controls. Headings are for convenience only.

22. Changes to these Terms

We may update these Terms. For material changes, we notify you by email or in the app at least 30 days before they take effect, unless a change is required by law or to address security. We may ask you to accept the new version; continued use after the effective date also means acceptance. Changes to Section 20 do not apply to disputes that arose or were notified before the change took effect, and you may reject a change to Section 20 by emailing legal@growingwhale.com within 30 days, in which case the prior version of Section 20 continues to apply to you.

23. Contact

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