Master Service Agreement
(Terms of Service & Data Processing Agreement)
GrowMe (A Product of NextNova)
Last Updated: February 2026
1. Acceptance of Agreement
By accessing or using GrowMe (“Services”), you agree to this Agreement. If acting for an organization, you confirm authority to bind it.
2. Services
CRM, messaging (including WhatsApp), automation, AI tools, and integrations.
3. Definitions
- Personal Data: Identifiable individual information
- Service Data: Data processed on behalf of Customer
- Platform Data: Data collected by GrowMe
- Customer: User of Services
- GrowMe: Service provider
4. Roles & Data Ownership
- Customer = Data Controller
- GrowMe = Data Processor (Service Data) & Controller (Platform Data)
- Customer owns all Service Data
5. Customer Responsibilities
Customer is responsible for:
- Legal compliance
- Consent collection
- Messaging legality
6. Acceptable Use
No spam, illegal use, abuse, or reverse engineering.
7. Third-Party Services
GrowMe is not responsible for:
- WhatsApp bans
- API failures
- Third-party issues
8. WhatsApp Compliance
Customers must follow WhatsApp policies.
GrowMe bears no responsibility for violations.
9. AI & Automation
AI is assistive only.
The customer is fully responsible for outcomes.
10. Fees & Payments
- Subscription billed in advance
- Usage fees may apply
- No refunds unless agreed
11. Chargebacks
Unauthorized chargebacks = breach.
GrowMe may suspend and recover costs.
12. Subscription & Renewal
Auto-renewal unless cancelled before billing.
13. Termination
GrowMe may terminate for violations or risks.
Customers may terminate anytime.
14. Data Retention & Deletion
Data retained 30–60 days post-termination, then deleted.
15. Service Availability
GrowMe does not guarantee uninterrupted or error-free operation.
16. Service Interruptions & Infrastructure Dependency
The Services depend on third-party infrastructure, including but not limited to:
- Cloud hosting providers and data centers
- Internet service providers
- Power and electrical systems
- Hardware and networking infrastructure
GrowMe shall not be liable for any service interruptions, delays, or failures caused by:
- Power outages or electrical failures
- Hardware malfunctions or system failures
- Network or internet disruptions
- Failures of third-party providers
- Events beyond reasonable control
The Customer acknowledges that such events may result in downtime, delays, or service degradation, and agrees that GrowMe shall not be responsible for any resulting losses.
17. No Warranty
Services provided “AS IS” and “AS AVAILABLE.”
18. Limitation of Liability
GrowMe is not liable for:
- Indirect or consequential damages
- Data or revenue loss
- Third-party failures
Maximum liability = fees paid in last 12 months OR $500 (whichever lower)
19. Indemnification
Customer indemnifies GrowMe against:
- Legal violations
- Customer disputes
- Misuse
20. Intellectual Property
GrowMe owns all platform rights.
21. Confidentiality
Both parties must protect confidential data.
22. Service Modifications
GrowMe may modify or discontinue services anytime.
23. Beta Features
Provided without warranties.
24. Usage Limits
GrowMe may impose limits or throttling.
25. Suspension
Immediate suspension allowed for abuse or risk.
DATA PROCESSING (DPA)
26. Processing Scope
Only for service delivery.
27. Data Types
Names, contacts, messages, files.
28. Data Subjects
Customers, employees, users.
29. Processor Obligations
Confidentiality, security, lawful processing.
30. Sub-Processors
Cloud, payment, messaging providers.
31. International Transfers
Allowed with safeguards.
32. Data Breach
Notification without undue delay.
33. Data Subject Rights
Assistance where feasible.
34. Data Deletion
Within 30–60 days post-termination.
35. Audit
Limited and controlled access.
36. AI Processing
No global training without consent.
37. WhatsApp Data
Subject to Meta policies.
LEGAL STRUCTURE
38. Independent Contractors
No partnership created.
39. Assignment
Customers cannot assign; GrowMe can.
40. Force Majeure
No liability for uncontrollable events.
41. Entire Agreement
This is the full agreement.
42. Severability
Invalid clauses don’t affect others.
43. Waiver
No waiver by non-enforcement.
44. Survival
Liability, payments, indemnity survive.
45. Governing Law
State of Kuwait
46. Dispute Resolution
Kuwaiti courts only.