Media Publishing Terms

1. Identification of the Parties

These Terms govern the publication of media offered through Growwer. The parties involved are: (a) Virality Media S.L. (the Owner), with Tax ID (NIF) B66710815 and registered office at Carretera Esplugues 47, Esc. D, 5-1, Cornellà de Llobregat 08940, Barcelona, owner of the Marketplace accessible at https://growwer.com/, as a technological intermediary in the contractual relationship between the Advertiser and the Client; and (b) the Advertiser User, an individual of legal age registered on the Marketplace who completes the steps for publishing media freely and voluntarily in order to offer their products or services. Under the Consumers and Users Act, Advertisers do not qualify as consumers or users.

2. Purpose

2.1. The purpose of these Conditions is to establish a framework for the sale of media published by Advertisers on Growwer.

2.2. Growwer is a Marketplace that provides its Users with a common space for those who wish to publish and contract media to maximize business visibility. The Owner only provides a technological intermediation platform that facilitates the contracting of the media publishing services offered, by managing the payment system (wallet), operational validation of engagements, and incident management.

3. Media publication process by Advertisers

3.1. Publication process. The process may be carried out through the Marketplace by identifying as a Registered User. Next, the Advertiser must: (a) complete the process as a registered User and access their personal account and seller panel, then select the option to publish media; (b) enter the main URL and other required data (country, type, topic, and post characteristics); (c) verify that the published media matches their intent; (d) choose whether they write the media or it is written by the Owner, adjusting the price accordingly; and (e) the Owner will confirm the correct publication of the media.

3.2. Rules for publishing media.

• The Advertiser must own the published media or be authorized to make it available, expressly declaring this in the publication form.
• They must provide certain data and disclose any deficiency, restriction, and relevant requirements, as well as any other information Growwer requests.
• They are responsible for keeping the media’s information up to date at all times, including date availability.
• A price must be set (including taxes, if applicable) for the media, as well as any additional item included.
• What is provided during the publication process (services, deadlines, etc.) will form part of the Specific Conditions between the Advertiser and the Client.
• It is the Advertiser’s responsibility to be the sole and exclusive owner and provider of the published media, holding all necessary rights, licenses, consents, and disclaimers. If acting as an authorized intermediary, the Advertiser must likewise hold such rights.
• The Owner does not automatically review all media, but reserves the right to remove listings that breach these terms, and may request supporting documentation, suspend media, hide listings, block orders, withhold settlements, cancel operations, or delete accounts where there are reasonable indications of lack of authorization, infringement of rights, misuse of trademarks, or third-party claims.

3.3. Payment policy, commissions, and service features. The Owner will pay the Advertiser the agreed price once the Client has contracted the media and made payment. The Owner will offer Clients the media at the amount set by Advertisers, increased by the commission the Owner will receive for the technological intermediation. The Owner will allocate the agreed amount to the Advertiser’s wallet, and the Advertiser may withdraw the pending balance according to the process indicated on the platform.

3.4. Withdrawal from media publication. Advertisers do not qualify as Consumers and Users. Should they exceptionally hold such status, under Article 103(a) of the Consumers and Users Act, the right of withdrawal cannot be exercised once the provision of services has been fully performed, it being understood that the service is performed as soon as the media is published. Nevertheless, Advertisers may delete published media through the features of their personal account.

4. Advertisers’ obligations

By accepting these Conditions, Advertisers undertake to be responsible for the truthfulness and authenticity of any data provided to Growwer to publish media; to assume the responsibilities arising from the requirements to hold Advertiser status; and to comply with any other applicable obligations, assuming any liability arising from their breach and holding the Owner harmless.

5. Acceptance of the Media Publishing Terms

When the provision of services is carried out entirely through the Marketplace, the Advertiser must read these Terms and expressly accept them by clicking the corresponding consent checkbox, which is unchecked by default, at the end of the publication process. They also apply during the subsequent provision of services between Advertisers and Clients, together with the Specific Conditions established between both parties and the Specific Registration Conditions.

6. Disclaimer of liability

6.1. The performance of the Conditions will be carried out in accordance with what was contracted and according to the platform’s technical and legal possibilities. The Owner’s activity is limited to the intermediation and facilitation of the media published by Advertisers and the operational tasks necessary to contract them.

6.2. The Owner is not responsible for the content and media provided by Advertisers. It will only be liable for damages caused as a result of the engagements when they arise from its willful or negligent action. By way of example, it is not liable for: the usefulness of the contracted services to the User; damages caused by their use where the recommendations were not followed; breach due to force majeure; the unlawfulness of the content provided by the Advertiser; or the Specific Conditions agreed between Advertisers and Clients.

6.3. The Advertiser declares that all media offered is its exclusive property and in no case infringes third-party rights.

6.4. The Owner will be answerable to the Client but will not be liable for breaches arising from the Advertiser.

6.5. Regarding balance withdrawal, Growwer will only be liable when the damages arise from its willful action. It is not liable for: the User’s errors in processing the withdrawal of funds; the Advertiser’s expectations; breach of these Policies; or the Advertiser’s failure to meet its tax duties.

6.6. The liability assumed by the Owner toward the User in no case includes loss of profit and will be limited, at most and on any account, to the total amount received as redemption.

7. Data protection

7.1. General. The Advertiser must provide their Privacy Policy on Growwer to make it available to Clients. If they wish to use the collected information for other purposes, they must include it in their Privacy Policy or request the user’s consent in accordance with applicable law.

7.2. The Owner as data processor. The Owner acts as data processor, being an intermediary between Advertisers and Clients, with Advertisers being the controllers of the data of the Clients who acquire their media. The Owner will process the data in accordance with the purpose of the relationship and under the Controller’s instructions, adopting appropriate technical and organizational measures, and will refrain from using it for other purposes or disclosing it to third parties except with prior authorization or legal obligation. The Owner undertakes to maintain secrecy and confidentiality without time limit.

The performance of the relationship requires subcontracting part of the services, specifically:

Each subprocessor’s processing will follow the Owner’s instructions; the Owner has entered into a contract with each one to process the data under analogous conditions. Any subprocessor may be replaced by notifying the Controller at least one (1) month in advance. Once the relationship ends, the data will be deleted or returned to the Controller, unless there is a legal obligation to retain it.

8. Indemnification

8.1. Breach by Advertisers may cause harm to the Owner. The User will be obligated to compensate any harm, loss, damage, or cost (including attorneys’ and court agents’ fees).

8.2. If the User’s breaches give rise to claims or proceedings against the Owner, the User must hold it harmless, and the Owner may claim any expense, cost, or damage arising therefrom.

9. Modifications

9.1. These Conditions may be modified and/or updated without prior notice, taking effect upon publication on Growwer.

9.2. The modification will only affect Advertisers who accepted them afterward.

10. Other matters

10.1. Severability and interpretation. If any provision is declared illegal, invalid, or unenforceable, it must be interpreted in the manner closest to the original intent, without affecting the validity of the remaining provisions.

10.2. Language. The applicable language is Spanish. In the event of contradiction with versions in other languages, the Spanish version prevails.

10.3. Governing law and jurisdiction. Relations between the Owner and Advertisers are governed by Spanish law, and disputes will be submitted to the Courts and Tribunals of Barcelona.