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Terms of Service

Last Updated: February 15, 2025

Effective Date: February 15, 2025

1. Acceptance of Terms

Welcome to Growr (the "App"). These Terms of Service ("Terms") constitute a legally binding agreement between you ("you," "your," or "User") and Inspired Edge LLC ("we," "us," or "our") regarding your use of the Growr mobile application and related services (collectively, the "Service").

By downloading, installing, accessing, or using the App, you agree to be bound by these Terms. If you do not agree to these Terms, you must not use the App and should uninstall it immediately.

If you are under the age of 18, you represent that you have reviewed these Terms with your parent or legal guardian and that your parent or legal guardian agrees to be bound by these Terms on your behalf.

2. Description of Service

Growr is a mobile application that provides:

• Habit Tracking: Tools to create, track, and visualize habit completion with a garden-themed interface
• Focus Tools: Focus timers, Pomodoro technique tools, and productivity features
• Sleep Tracking: Tools to monitor sleep patterns, bedtime, and wake times
• App Usage Management: Screen time monitoring and app restriction features (iOS)
• Journaling: Personal journal entry features
• Educational Content: Access to educational videos and content about habits and personal development

The App stores all data locally on your device and does not require user accounts or registration.

3. Eligibility and Age Requirements

3.1 Age Requirements

You must be at least 13 years old to use the App. If you are under 18 years old, you represent that:

• You have obtained parental or guardian consent to use the App
• Your parent or guardian has reviewed and agreed to these Terms
• Your parent or guardian will supervise your use of the App

3.2 Capacity to Agree

By using the App, you represent and warrant that:

• You are of legal age to form a binding contract in your jurisdiction
• You have the right, authority, and capacity to enter into and abide by these Terms
• Your use of the App does not violate any applicable law or regulation

4. User Accounts and Data Storage

4.1 No Account Required

The App does not require user registration or account creation. All data is stored locally on your device.

4.2 Data Responsibility

• Local Storage: All your data, including habits, journal entries, and preferences, is stored locally on your device
• Data Deletion: We cannot delete your data on your behalf. You must delete your data yourself. Use "Delete All Data" in Settings (Data & Privacy section) for reliable, complete deletion. Uninstalling the App may not always remove data (e.g., if restored from iCloud or Google backup)
• Data Loss: You are responsible for maintaining backups of your data. We are not responsible for data loss due to device failure, loss, theft, or uninstallation
• Device Access: Anyone with access to your device may be able to access your App data

5. Acceptable Use and User Conduct

5.1 General Conduct

You agree to use the App only for lawful purposes and in accordance with these Terms. You agree NOT to:

• Use the App in any way that violates any applicable federal, state, local, or international law or regulation
• Transmit, or procure the sending of, any advertising or promotional material without our prior written consent
• Impersonate or attempt to impersonate us, our employees, another user, or any other person or entity
• Engage in any other conduct that restricts or inhibits anyone's use or enjoyment of the App, or which may harm us or users of the App

5.2 Content Standards

All content you create, store, or share through the App (including habit names, descriptions, journal entries, and any other user-generated content) must:

• Be accurate and truthful (where applicable)
• Comply with all applicable laws and regulations
• Respect the rights and dignity of others
• Not infringe the intellectual property or privacy rights of any third party

6. User-Generated Content

6.1 Ownership of Your Content

You retain ownership of all content you create, store, or upload through the App, including:

• Habit names, descriptions, and related data
• Journal entries
• Any content shared through habit buddy, clan, or other sharing features (if available)
• Any other user-generated content

6.2 License to Us

By creating, storing, or uploading content to the App, you grant us a worldwide, non-exclusive, royalty-free, perpetual license to:

• Store, display, and process your content within the App
• Make your content available to other users only to the extent you explicitly share it through App features
• Use your content as necessary to provide and operate the Service

This license is limited to the purpose of operating the App and does not grant us the right to sell, license, or otherwise exploit your content outside of the App. The license survives termination of these Terms with respect to content already processed or stored.

6.3 Content Responsibility

You are solely responsible for all content you create, store, or upload. You represent and warrant that:

• You own or have the necessary rights to all content you create or share
• Your content does not infringe the rights of any third party
• Your content complies with all applicable laws and these Terms

6.4 Content Moderation and Reporting

We reserve the right (but have no obligation) to monitor, remove, or disable any content that violates these Terms. Due to the local nature of data storage, our ability to moderate content may be limited. You agree to report any content that violates these Terms or applicable law.

7. Intellectual Property Rights

7.1 Our Intellectual Property

The App, including its original content, features, functionality, design, graphics, and software, is owned by us and protected by copyright, trademark, and other intellectual property laws.

7.2 Limited License

Subject to your compliance with these Terms, we grant you a limited, non-exclusive, non-transferable, revocable license to:

• Download and install the App on devices you own or control
• Use the App for your personal, non-commercial use
• Access and use the features and services provided by the App

7.3 Restrictions

You may NOT:

• Copy, modify, or create derivative works of the App
• Reverse engineer, decompile, or disassemble the App
• Remove any copyright, trademark, or other proprietary notices
• Use the App for commercial purposes without our written consent
• Rent, lease, lend, sell, or sublicense the App

8. Third-Party Content and Services

8.1 Third-Party Links

The App may contain links to third-party websites or services (including video hosting platforms). We are not responsible for:

• The content, privacy policies, or practices of third-party websites
• Any transactions between you and third parties
• Any damage or loss caused by your use of third-party services

8.2 Purchases, Subscriptions, and In-App Payments

The App may offer subscriptions or in-app purchases. All payments are processed by Apple (App Store) or Google (Google Play), not by us. By making a purchase:

• You agree to the applicable platform's terms of service and payment policies (Apple Media Services Terms, Google Play Terms of Service)
• Billing, refunds, cancellations, and subscription management are governed solely by the platform (Apple or Google)
• Subscriptions may auto-renew unless you cancel before the renewal date through your device settings or platform account
• We do not control, and are not responsible for, platform billing, payment processing, or refund decisions
• All sales are final unless otherwise required by law or platform policy
• We reserve the right to modify subscription offerings, pricing, or features at any time

9. Health and Wellness Disclaimers

9.1 Not Medical or Professional Advice

IMPORTANT: The App provides tools for habit tracking, sleep monitoring, and personal development. However:

• The App is NOT a medical device and does NOT provide medical, health, or therapeutic advice
• The App is NOT a substitute for professional medical advice, diagnosis, or treatment
• Sleep tracking and habit tracking features are for informational purposes only
• Always seek the advice of qualified health providers with any questions regarding medical conditions

9.2 No Guarantees

We make no guarantees, representations, or warranties regarding:

• The effectiveness of habit tracking methods
• The accuracy of sleep tracking data
• Health outcomes or behavior changes
• The success of any personal development goals

9.3 Use at Your Own Risk

You acknowledge and agree that:

• Your use of the App is at your own risk
• You are solely responsible for your health and wellness decisions
• You should consult healthcare professionals before making significant lifestyle changes
• We are not liable for any health-related outcomes

10. Screen Time and App Restrictions

10.1 Screen Time Features (iOS)

If you use Screen Time features:

• You grant permission to monitor app usage on your device
• Restrictions and limits are applied by you and enforced by iOS system services
• We are not responsible for the accuracy of usage data provided by iOS
• You are responsible for managing and configuring restrictions appropriately

11. Disclaimers and Limitations

11.1 Service Availability

We strive to provide reliable service, but we do not guarantee that:

• The App will be available at all times or free from interruptions
• The App will be error-free or bug-free
• Any defects will be corrected
• The App will meet your specific requirements

11.2 No Warranties; Data Accuracy

THE APP AND ALL CONTENT, FEATURES, AND SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. WE DISCLAIM ALL WARRANTIES TO THE FULLEST EXTENT PERMITTED BY LAW.

While we make efforts to ensure accuracy:

• We do not warrant the accuracy, completeness, or usefulness of any information in the App
• We disclaim all liability for any errors or omissions in App content
• Sleep tracking, habit tracking, and other data are provided "as is"

11.3 Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT SHALL WE BE LIABLE FOR:

• Any indirect, incidental, special, consequential, or punitive damages
• Loss of profits, revenue, data, or use
• Personal injury or property damage
• Any damages resulting from your use or inability to use the App

11.4 Total Liability Cap

Our total liability to you for all claims arising from or related to the App (including any subscriptions or in-app purchases) shall not exceed the greater of: (a) the amount you actually paid us in the twelve (12) months preceding the claim, or (b) one hundred dollars ($100 USD). If you paid nothing, our total liability shall not exceed $0.

11.5 Exclusions

Some jurisdictions do not allow the exclusion of certain warranties or limitation of liability, so the above limitations may not apply to you. In such cases, our liability will be limited to the maximum extent permitted by law.

12. Indemnification

You agree to indemnify, defend, and hold harmless us, our affiliates, officers, directors, employees, and agents from and against any and all claims, damages, obligations, losses, liabilities, costs, or debt, and expenses (including reasonable attorneys' fees) arising from or related to:

• Your use of the App
• Your violation of these Terms
• Your violation of any third-party rights
• Content you create, store, share, or transmit through the App
• Your subscription or in-app purchase transactions or disputes (including disputes with Apple or Google)

13. Modifications to Service and Terms

13.1 Service Modifications

We reserve the right to:

• Modify, suspend, or discontinue the App or any part thereof at any time
• Add, remove, or modify features and functionality
• Update the App with new versions or releases
• Perform maintenance that may temporarily interrupt service

13.2 Terms Modifications

We may modify these Terms at any time. We will:

• Post updated Terms in the App
• Update the "Last Updated" date
• Provide notice of material changes when possible

Your continued use of the App after Terms are modified constitutes acceptance of the modified Terms.

14. Termination

14.1 Termination by You

You may stop using the App at any time by:

• Using "Delete All Data" in Settings (Data & Privacy section)—this ensures your data is deleted (uninstalling alone may not always remove data if restored from device backup)
• Uninstalling the App from your device

14.2 Termination by Us

We reserve the right to terminate or suspend your access to the App, any online features, cloud services, or related services, without prior notice or liability, for:

• Violation of these Terms
• Illegal or fraudulent activity
• Actions that may harm us, other users, or third parties
• Any other reason we deem necessary in our sole discretion

For a locally-installed app, termination may mean we cease providing updates, support, or access to any server-based or online components. Uninstalling the App does not entitle you to any refund.

14.3 Effect of Termination

Upon termination:

• Your right to use the App and any related services immediately ceases
• All local data may be lost if you uninstall the App (though data can persist if restored from backup); we have no obligation to preserve your data. For complete deletion, use "Delete All Data" in Settings before uninstalling
• Provisions that by their nature should survive will remain in effect (including Sections 7, 11, 12, 16, and 17)

15. Privacy

Your privacy is important to us. Our collection, use, and disclosure of your information is governed by our Privacy Policy, which is incorporated into these Terms by reference. Please review our Privacy Policy to understand our practices.

16. Dispute Resolution

16.1 Governing Law

These Terms shall be governed by and construed in accordance with the laws of the State of Nebraska and the federal laws of the United States, without regard to conflict of law principles. The United Nations Convention on Contracts for the International Sale of Goods does not apply.

16.2 Informal Resolution

Before initiating any formal dispute proceeding, you agree to contact us at the email below and attempt to resolve the dispute informally. We will attempt to resolve disputes in good faith for at least thirty (30) days.

16.3 Binding Arbitration

ANY DISPUTE, CLAIM, OR CONTROVERSY arising out of or relating to these Terms or the App shall be resolved by binding arbitration administered by the American Arbitration Association (AAA) under its Consumer Arbitration Rules, except where prohibited by law. The arbitration shall be conducted in the English language. The arbitrator's decision shall be final and binding. Judgment on the award may be entered in any court of competent jurisdiction. YOU AND WE EACH WAIVE THE RIGHT TO A TRIAL BY JURY AND TO PARTICIPATE IN A CLASS ACTION.

16.4 Class Action Waiver

To the fullest extent permitted by law, you agree that any dispute resolution proceedings will be conducted only on an individual basis and not in a class, consolidated, or representative action. You waive any right to participate in a class action or class-wide arbitration.

16.5 Limitations Period

You agree that any claim or cause of action arising out of or related to these Terms or the App must be filed within one (1) year after such claim or cause of action arose, or it shall be forever barred.

17. General Provisions

17.1 Entire Agreement

These Terms, together with our Privacy Policy, constitute the entire agreement between you and us regarding the App and supersede all prior agreements.

17.2 Severability

If any provision of these Terms is found to be unenforceable or invalid, that provision shall be limited or eliminated to the minimum extent necessary, and the remaining provisions shall remain in full force and effect.

17.3 Waiver

Our failure to enforce any right or provision of these Terms shall not be deemed a waiver of such right or provision.

17.4 Assignment

You may not assign or transfer these Terms or your rights hereunder without our prior written consent. We may assign these Terms without restriction.

17.5 Force Majeure

We shall not be liable for any failure or delay in performance due to circumstances beyond our reasonable control, including natural disasters, war, terrorism, labor disputes, or internet failures.

17.6 Contact Information

For questions about these Terms, please contact us:

Email: newgenappstech@gmail.com
Developer: Inspired Edge LLC
App Name: Growr

18. Special Provisions for Certain Features

18.1 Habit Tracking

• Habit tracking is a tool for personal use and motivation
• We do not guarantee that tracking habits will lead to behavior change
• Habit data is stored locally and is your responsibility

18.2 Focus Timers

• Focus timers are productivity tools, not medical devices
• Use focus timers responsibly and take breaks as needed
• We are not responsible for any negative effects from extended focus sessions

18.3 Sleep Tracking

• Sleep tracking data is approximate and may not be medically accurate
• Sleep data should not be used for medical diagnosis or treatment
• Consult healthcare professionals for sleep-related concerns

18.4 Sharing Features (Habit Buddies, Clans, and Similar)

If you use any sharing, habit buddy, clan, or other social features within the App:

• Content shared by other users reflects their views, not ours
• We are not responsible for content created, shared, or posted by other users
• You use sharing features at your own risk and discretion
• You are responsible for your own conduct when interacting with other users
• We make no representations regarding the accuracy, safety, or appropriateness of user-shared content

19. Digital Millennium Copyright Act (DMCA)

We respect the intellectual property rights of others. If you believe that content on the App infringes your copyright, please send a written notice to our contact email above with:

• A description of the copyrighted work you believe is infringed
• Identification of the material you claim is infringing and its location
• Your contact information (address, telephone number, email)
• A statement that you have a good faith belief that the disputed use is not authorized
• A statement, under penalty of perjury, that the information in your notice is accurate and that you are the copyright owner or authorized to act on their behalf
• Your physical or electronic signature

We may remove or disable access to content that is the subject of a valid DMCA notice. We reserve the right to terminate the accounts of repeat infringers. Misrepresentations in a DMCA notice may result in liability for damages under the DMCA.

20. Export Control

The App may be subject to export control laws. You agree to comply with all applicable export control laws and regulations and not to export or re-export the App in violation of such laws.

BY USING THE APP, YOU ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTOOD, AND AGREE TO BE BOUND BY THESE TERMS OF SERVICE. YOU FURTHER ACKNOWLEDGE THAT YOU HAVE HAD THE OPPORTUNITY TO REVIEW THESE TERMS WITH LEGAL COUNSEL OF YOUR CHOICE, AND THAT YOU UNDERSTAND THE WAIVERS OF RIGHTS CONTAINED HEREIN, INCLUDING THE ARBITRATION PROVISION AND CLASS ACTION WAIVER.

If you do not agree to these Terms, you must immediately stop using the App and uninstall it from your device.

Thank you for using Growr!