Legal Notice & General Terms of Use

Legal notice

Virality Media, S.L. (hereinafter, the Owner), with Tax ID (NIF) B66710815 and registered office at Carretera Esplugues 47, Esc. D, 5-1, Cornellà de Llobregat 08940, Barcelona, registered in the Barcelona Mercantile Registry, Volume: 45221, Folio: 50, Section: 8, Sheet: 480820, Entry: 1, is the owner of the Marketplace accessible at the URL: https://growwer.com/ (hereinafter, Growwer or the Marketplace, interchangeably).

For any inquiry, question, or suggestion regarding Growwer, you can contact us at the following email address: support [at] growwer.com.

Set out below are the conditions that generally govern access to the Owner’s website, including the services and features offered there, without prejudice to the application of other different conditions or their modification.

Periodic reading and review are recommended, as changes to the legal texts may occur.

General Terms of Use

1. Identification of the parties

These General Terms of Use are entered into, on the one hand, by the Owner and, on the other, by you, as a User—an individual or legal entity—who voluntarily accesses the Marketplace freely and free of charge. These terms apply whether or not you contract the services offered on the platform.

2. Purpose of the Marketplace

2.1. The purpose of this Marketplace is the creation of a technological intermediation platform that facilitates the contracting of the media publishing services offered by Users, by managing the payment system (wallet), operational validation of engagements, and incident management.

2.2. On Growwer, Advertiser Users (who may be the owners of the media or intermediaries authorized by the owners) may publish and sell media to maximize the visibility of Client Users’ businesses, who will contract the media in order to reach a wider audience, thereby improving the reputation and sales of such businesses.

2.3. Access to and navigation of the Marketplace are free, although offering and contracting services entails payment of a price, as well as acceptance of specific Conditions.

3. Obligations of the parties

3.1. Owner’s obligations. The Owner undertakes to:

• Use its best efforts to carry out the procedures necessary to properly manage the publication of media and services offered on the platform.
• Provide all information and documentation necessary for the provision of the services.
• Comply with these obligations as well as any others that may apply.

3.2. Users’ obligations. By accepting these Conditions, Users undertake to:

1. Be responsible for the truthfulness and authenticity of any data provided to contract the selected services.
2. Assume the responsibilities arising from any of the requirements demanded by these Conditions.
3. Comply with any other obligations contained in these Conditions or any others that may apply, and assume any liability arising from their breach, fully holding the Owner harmless.

The User undertakes to use the services and content on the Marketplace in accordance with the Law and the general and specific terms and conditions agreed, and must refrain from using them to:

1. Transmit their username and password to unauthorized third parties, and must immediately notify the provider of any access by an unauthorized User to such information.
2. Carry out unlawful activities contrary to good faith, custom, morality, or public order.
3. Carry out activities that infringe regulations on intellectual and industrial property or any other rule of the applicable legal system.
4. Reproduce, duplicate, sell, or exploit for commercial purposes any content of the Marketplace and/or any information or data accessed in connection with its use.
5. Disseminate content of a racist, xenophobic, or pornographic nature, that glorifies terrorism, and/or that violates human rights.
6. Use the Marketplace for commercial purposes; for example, gathering information or content to provide other services that may pose clear competition to Growwer or otherwise.
7. Modify the platform in any way, or perform actions or use means aimed at simulating its appearance or functions.
8. Take any action involving the introduction of computer viruses, worms, Trojans, or any other type of malicious code intended to interrupt, destroy, or limit the platform’s functionalities.
9. Employ reverse engineering techniques and/or decrypt, decompile, or use any other system aimed at discovering the source code of the website or any element subject to copyright or underlying intellectual property.

4. Availability of the Marketplace

The Owner strives to improve and expand Growwer, as well as its content and the services offered therein. Nevertheless, the Marketplace will be displayed as it stands at any given time, subject to availability, limitations, and other concurrent circumstances.

5. Specific Registration Conditions

These Specific Registration Conditions are entered into, on the one hand, by Growwer and, on the other, by the User who has completed the corresponding form to create an account and the steps indicated on the Marketplace to carry out registration, together with acceptance of these Specific Conditions.

5.1. Requirements and procedure to create an account. To create an account on the Marketplace, the User must be a validly incorporated legal entity or an individual of legal age in accordance with Spanish law.

The Growwer Marketplace has a standard registration that does not distinguish at sign-up whether the User is an Advertiser or a Client; this status will depend on the use made of the Platform.

The User must access the “Register” option, provide their first and last name, enter an email address and other requested data, backed by a password. They must complete all the indicated steps, including reading the information on the Privacy Policy and these Conditions.

Growwer will confirm the User’s registration on the Marketplace by sending an email, through which the User must confirm their registration and identity via a link or similar provided in the email; access to the site will not be permitted unless the previous step has been completed. Once registration and identity have been confirmed via the link, they will become a Registered User.

If a Registered User does not remember their password, they must click “I forgot my password” and enter the email used for registration in order to reset it.

The Owner reserves the right to check and verify the User’s identity at any time. Failure to meet the requirements set out in this section, or deception regarding identity, entitles the Owner to deactivate such User at any time, releasing the Owner from any liability for such action.

5.2. Obligations of the Registered User. The Registered User has the following obligations:

1. Not to register with multiple User accounts on the Marketplace, nor to do so with false data or by impersonating third parties. You are responsible for providing your real data.
2. Not to use or attempt to use another User’s account without authorization or consent.
3. To be solely responsible for all activities carried out from your personal account on Growwer.
4. To safeguard the confidentiality of your access data, as you will be responsible for any harm you or third parties suffer from breaching these Conditions. You are also responsible for what happens in your personal account unless its security has been compromised for reasons beyond your control. Specifically, you must: keep the account up to date; store the chosen password confidentially; be the only User who uses the created account; and not commercialize, sell, or transfer the account to a third party.
5. Growwer reserves the right to verify the User’s profile and may delete or suspend the account in the event of breach of these legal texts or any others that apply.

5.3. Modification and cancellation of the User account. At any time, the Registered User may modify the data, addresses, or billing of their personal account, or cancel the account through the user area.

5.4. Specific wallet conditions. The purpose of these Conditions is to govern the acquisition of balance in the Wallet by Users in exchange for the stated financial consideration, subject to prior acceptance of these Conditions. The price will appear in the App in euros, including VAT or any applicable taxes.

To do so, the User must indicate the amount they wish to top up in the wallet and provide all data necessary to complete the transaction. The User must select the chosen payment method. The payment methods currently available are: debit or credit card; PayPal; and bank transfer.

Once the User has provided this data, after reviewing their request and depending on the selected payment method, they must proceed with payment and thereby confirm their intention to contract and formalize the acquisition of balance, subject to prior acceptance of these Conditions.

5.4.1. Obligations of the parties. The Owner undertakes to carry out efficiently and effectively all procedures for acquiring the balance; to send Users all information and documentation necessary for the provision of the services; and to comply with these and any other applicable obligations. For their part, Users undertake to pay, in due time and form, the amounts specified in the contracting process (non-payment releases the Owner from its obligations); to be responsible for the truthfulness and authenticity of the data provided; to assume the responsibilities arising from the required conditions; and to comply with any other applicable obligations, holding the Owner harmless.

5.4.2. Right of withdrawal and refund. As you do not qualify as a consumer and user under consumer protection regulations, withdrawal options will be those indicated on the Marketplace at any given time. Notwithstanding the foregoing, the User may request a refund of the funds held in the wallet at any time, through the features established on the Marketplace or by contacting the Owner. Once the request is received, the amount will be refunded according to the payment method used by the User, where technically possible.

6. Specific Conditions for the Contracting of services by Users

6.1. Growwer as a Marketplace. Growwer is a Marketplace; it does not sell or market any product or service offered on the platform. It is solely a technological intermediation platform that provides Users with a channel through which to offer and contract their services.

Registration on Growwer allows the User, after a special process and acceptance of special legal terms, to publish media (in which case the User is called an Advertiser). Advertisers may be the owners of the media or intermediaries authorized by them. Additionally, the User may contract from Advertisers the services or products they offer (in which case the User is called a Client). As a Registered User, one may also save information about contracted services for future engagements.

6.2. Identification of the parties in contracting by Users. For the purposes of these Specific Conditions, the parties are: (a) Growwer as a technological intermediary in the contractual relationship between the Advertiser and the Client—the contractual relationship regarding goods or services will always be between Advertiser and Client; (b) the Advertiser User, an individual of legal age registered on the Marketplace who completes the steps for publishing media freely and voluntarily, including acceptance of the Media Publishing Terms; and (c) the Client User, an individual of legal age registered on the Marketplace who completes the steps for contracting the services freely and voluntarily, including acceptance of the Terms offered by Advertisers.

6.3. Contracting of services between Advertisers and Client Users. The contracting process for Clients may be carried out through the Marketplace, by identifying as a Registered User via the form established for this purpose, providing the data required at the time of contracting with the Advertiser. Next, to contract with the Advertiser, the User must create a project. They must then choose the Advertiser’s media that most interests them and finally pay for that service.

6.4. Specific Conditions established between Advertisers and Clients.

6.4.1. General. The Specific Conditions are the terms that govern the provision of services by Advertisers in favor of Clients and are accepted at the moment the Client contracts the Advertiser’s services. Growwer is neither responsible for nor controls these Conditions, as they are imposed by the Advertisers. The Owner is neither the owner nor the provider of the services offered on the platform, does not review the media published on Growwer, and is in no case party to the contracting carried out between Advertisers and Clients; it is therefore not liable for any harm or incident arising from the contracting and provision of such services.

6.4.2. Pricing policy. Users may hold a balance on the platform. However, the prices and features of the services will depend on what the Advertiser establishes in their section. Any additional item will be indicated on the Growwer page, so that Client Users have access to it before starting the contracting procedure. Prices are shown in Euros, broken down by taxable base and applicable taxes. The Marketplace may include promotions and/or discount codes provided by Advertisers; any modification is subject to their will, without Growwer intervening.

6.4.3. Withdrawal and cancellation policy. The terms for canceling the contracting of a service must comply with the provisions established by the Advertiser in their section. As a general rule, contracted services may not be canceled on the platform unless agreed between the Advertiser and the Client. Likewise, the right of withdrawal does not apply to engagements unless recognized by law; where applicable, it must be exercised against the Advertiser by the Client, without Growwer being liable.

7. Growwer’s disclaimer of liability

7.1. Growwer works to keep the Marketplace’s services and features available at all times. Nevertheless, when you access it, it will be shown according to the availability and limitations present at any given time.

7.2. Despite the Owner’s ongoing efforts to protect its systems and content, full guarantees cannot be offered regarding intrusions or loss of information that may occur, nor can the absence of viruses or other harmful elements be guaranteed. For this reason, the User understands and accepts that situations may arise beyond Growwer’s control.

7.3. The Marketplace may include links to third-party pages or sites unrelated to the Owner, over which it assumes no liability, as it neither approves nor reviews their functions and content. Any User who accesses a link published on the platform does so at their own risk.

7.4. The Marketplace is exempt from all liability arising from misuse by Users, as well as from the breach of the obligations or commitments assumed.

7.5. The main relationship for the services will be between the parties, so the Owner will not be obligated to the Client User beyond invoicing for its own services, not for those offered and performed by the Advertiser.

7.6. The Owner will not be liable for the services, products, links, or posts offered, their content, or the information provided, as it is a technological intermediation platform managed for the contracting of media publishing services offered by Registered Users.

8. Intellectual and industrial property rights

8.1. All intellectual and industrial property rights over the Marketplace and its content (programming, design, applications, graphics, code, text or images, trademarks, trade names, distinctive signs, and other elements, including the Growwer trademark) belong exclusively to the Owner, or it holds sufficient rights and/or authorizations for their exploitation.

8.2. Any reproduction, distribution, public communication, transformation, or any other form of exploitation, even citing the sources, is prohibited unless the prior, express, and written consent of the Owner or of the exclusive holder of the affected rights is obtained.

8.3. Users must hold the rights to any content they upload to the Platform; Growwer is in no case liable for such actions and content.

9. Procedure for notifying infringements and removing content

9.1. If you detect any infringement, please notify us at support [at] growwer.com as soon as possible.

9.2. Any User whose right over content published on Growwer by another User is infringed may notify the Owner of an infringement, providing all information or documentation that certifies the truthfulness of their request.

9.3. The Owner, after reviewing the notification, may carry out a precautionary removal of the claimed content, or notify the affected User of the claim and request submissions or proof of ownership. Following that procedure, it will decide on the definitive removal of the claimed content.

9.4. The Owner will keep evidence of the entire procedure.

10. Indemnification

10.1. The Owner may sanction any Users who breach the applicable conditions with temporary or indefinite inability to access the Marketplace. Access restriction will in no case entail a right to compensation.

10.2. Any harm, loss, damage, or cost (including attorneys’ and court agents’ fees) arising from a User’s breach and incurred by Growwer must be compensated by the User who caused it. This covers any third-party claim arising from such breaches.

11. Modifications

11.1. These Conditions may be modified and/or updated at any time without prior notice. Modifications take effect upon their publication on the Marketplace.

11.2. The modification will only affect Users who accepted them after such modification.

12. Other matters

12.1. Severability and interpretation. If the competent Authority declares any of these provisions illegal, invalid, or unenforceable, it must be interpreted in the manner closest to the original intent. Such a declaration will not affect the validity of the remaining provisions. The Owner’s failure to demand strict compliance with any of the terms does not constitute a waiver of the right to demand it in the future.

12.2. Language. The applicable language is Spanish. If versions in other languages are provided, it is solely as a courtesy; in the event of contradiction, the Spanish version prevails.

12.3. Governing law and jurisdiction. Relations between the Owner and the User are governed by Spanish law. Where the user qualifies as a consumer and user, disputes will be submitted to the Courts and Tribunals of the User’s domicile. Otherwise, they will be determined by the Courts and Tribunals of Barcelona.