Gromus Terms of Service

Last updated: 8 February 2024
Welcome to Gromus, a platform for social media accounts analytics, offered to you through the gromus.ai website and related services (collectively, the "Platform").
By using the Platform, you agree to these Terms, along with policies including our Privacy Notice and Cookie Policy that represent the entire agreement between you (or “user”) and Gromus Inc., located at 919 North Market Street, Suite 950 in the City of Wilmington, County of New Castle, DE 19801, USA (referred to as "Gromus", "we", "us", or "our").
If you disagree with any of these Terms, please refrain from using the Platform.
By accessing or using the Platform, you confirm that:
  • You've read, understood, and fully accept these Terms.
  • You are of age of majority at your place of residence, or using the Platform with a parent or guardian's involvement.
  • You have the authority to bind any business or entity on whose behalf you use the Platform, and that business or entity accepts these Terms.
  • You are eligible to enter into this agreement and use the Platform as per your local laws.
  • You comply with these Terms and all applicable laws and regulations.
For questions or feedback on these Terms or the Platform, please contact us .

Account

In short
  • Register for a Gromus Account using your email and password.
  • Ensure your Account details are always accurate and you adhere to all applicable laws and regulations.
  • Protect your Account credentials and immediately report any unauthorized access or suspicions to Gromus.
  • If you wish to terminate your Account, please review the Termination section and deactivate it in the Account settings.
To utilize specific features of the Platform, you need to register a personalized Gromus account ( "Account"). Registration requires an email and password.
When maintaining your Account:
  • Ensure the information provided is up-to-date, accurate, and precise.
  • Only one account is permitted per user; account sharing or transfer is expressly prohibited.
  • Adhere to all relevant laws, rules, and regulations during Platform and Account use.
  • Safeguard your login details to maintain account security.
If you believe your Account has been accessed without your permission or if your login details are compromised in any way, contact Gromus immediately .
To irreversibly terminate your Account, you can deactivate your Account by selecting such an option in its settings. Please review the Termination section to be acknowledged with the consequences of the Account termination.

Gromus services and subscriptions

In short
  • Gromus provides users with an analytical tool.
  • Gromus services are provided on a subscription basis.
  • The subscription is auto-renewable, unless you cancel it through the settings of your Account.
  • You can access extra features by purchasing Gromus tokens.
  • Payments are processed by a third-party provider under their terms.
Gromus services provided through the Platform are intended for content creators, influencers, musicians and other users and constitute a tool for analyzing top charts, trends, audience interactions, and other data statistics. Gromus users can at any time at their discretion download the analytical reports generated via the Platform based on the data relating to the profiles, sounds, videos, trends, hashtags and other metrics provided by the user. If requested by you, the reports will be sent to your email with the frequency you set.
The data for analytics is collected upon your request and on your behalf via the Account from the publicly available sources. Please review carefully how we disclaim the warranties and limit our liability in respect of any analytical outcomes and reports received by you through the Platform.

Subscription plans

Gromus services are provided on a subscription basis. Our subscription plans contain the following terms supplementing these Terms and differ in: the subscription fee, period, available tools and services and other terms.
You can learn more about Gromus subscription plans and fees here .
You are entitled to 3 or 7 days of the free trial, depending on the selected subscription plan. The access to the services provided under the respective plan will be terminated upon the end of the free trial period, unless you purchase a subscription.
The subscription activation is subject to the full prepayment of the subscription fee.

Gromus tokens

Gromus tokens is a digital token that can be used to acquire or access the extra services within the Platform. The extra services are those not included in the purchased subscription plan and may include extra accounts or features.
Gromus tokens can be used exclusively:
  • in connection with and within the Platform;
  • for your personal entertainment;
  • in the ways permitted by Gromus under these Terms.
Gromus tokens are not a substitute for real currency, do not earn interest, and have no equivalent value in real currency. Gromus is not obligated to exchange Gromus tokens for anything else of value. Gromus tokens cannot be resold, exchanged or otherwise transferred to any third person.

Payments

All payments under these Terms are charged via the third-party payment services provider (in particular, Stripe ), unless we agree to the payments under the invoices.
When purchasing a selected subscription plan, you represent and warrant that you have the right to use your selected payment method and that it has sufficient funds for the transaction.
Please note, if your local currency is different from the currency in which the prices are quoted, your bank will apply the exchange rate applicable per the date of purchase, which is beyond our control.
When you use the third-party payment services, you are subject to other terms and privacy notices. We are not responsible for the processing of your personal data by such a provider.
Gromus may immediately suspend the provision of the services up to 14 calendar days, if the payments are delayed or failed.
If we do not receive a relevant payment, we will terminate the provision of the services.
All the fees are exclusive of all taxes, levies, or duties imposed by taxing authorities, and you shall be responsible for payment of all such taxes, levies, or duties, excluding only United States (federal or state) taxes on Gromus’s income.

Subscription renewal and cancellation

Your subscription will automatically renew and you will be charged with a subscription fee for the subsequent subscription period, unless you cancel it at your Account settings at least 24 hours before the subscription renewal date.
Upon cancellation, your access to the features provided by the plan will remain until the end of the current subscription period.

Changes

Gromus reserves the right to revise the subscription plans, fees and the list of services available under them at any time, subject to providing users with adequate notice of any fee changes before they become effective.
Your continued use of the Platform after the effective date of such change will constitute your agreement to pay the updated fees.

Refunds

If you encounter any issues with our Platform or purchases, please contact our support team .
The Gromus subscription payments are not subject to a refund.
You are eligible to request a refund of unused Gromus tokens during 14 calendar days following their purchase, unless another cooling-off period is prescribed by the consumer protection laws at your place of residence. The refund will be deposited to the initially used payment method with Gromus deducting the incurred transaction or other fees.

Content and intellectual property rights

In short
  • Gromus owns Platform and gives you a right to use it by issuing this license.
  • If you violate the content-related restrictions, we can suspend your Account and take other measures.
The Platform is owned and controlled by Gromus or its affiliates.
All materials of the Platform, including text, graphics, information, images, drawings, trademarks, logos, video, sounds, music, software, analytical reports, and other materials (collectively, the “Content”), as well as copyright and other intellectual property rights to such Content belong to Gromus or is included in the Platform with the consent of the owner.

License to you

Subject to your compliance with these Terms, Gromus grants you a limited, non-exclusive, non-sublicensable, revocable, non-transferable, worldwide license to access and use the Content made available in or through the Platform as contemplated by the latter and for personal non-commercial purposes laid down in these Terms.
Gromus may provide upgrades, modifications, updates, or additions to the Content during the term of this license. The terms of this license shall be applied to any such modification unless it is accompanied by a separate license.

Prohibited use

Under this license you may not:
  • sell, lease, rent, license, sublicense, reproduce, publish, or otherwise distribute Platform’s software;
  • use the Content for commercial purposes without Gromus’ written consent (e.g. sell the analytical reports generated through the Platform);
  • infringe, violate, or misappropriate any third-party right;
  • slander, defame, libel, or invade the right of privacy, publicity, or other property rights of any other person;
  • produce false, defamatory, libelous, or slanderous statements concerning Gromus, Content or based on it;
  • copy, decompile, disassemble, translate or reverse engineer Platform’s software, in whole or in part;
  • write or develop any derivative software, make attempt to derive the source code of, modify, or create derivative works of the Platform’s software, any its updates;
  • avoid, bypass, remove, deactivate, impair, descramble or otherwise circumvent any technological measure implemented by Gromus or any of our providers or any other third party (including another user) to protect the Platform;
  • use any robot, spider, another automatic device, or manual process to monitor, copy, or "scrape" web pages or the Content contained in the Platform or for any other unauthorized purpose.
In case you download or copy the Content, no right, title or interest in any downloaded or copied Content is transferred to you as a result of any such downloading or copying. You agree not to change or delete any ownership notices from Content downloaded or printed from the Platform.
If you violate any of the above restrictions, your use of the Platform will be reviewed and may be suspended or terminated, and you may be subject to legal actions and damages. You are also advised that we are determined to enforce our intellectual property rights to the fullest extent of the law, including through civil remedies and criminal prosecution.

Third-party websites and services

In short
  • Some functions of the Platform depend on third-party services which we do not control, therefore we cannot guarantee the uninterrupted operation of all Platform features.
Some features of the Platform are available in compatibility with third-party websites, services, tools, or content. We strive for seamless operation, but since we do not control these external services, we cannot guarantee uninterrupted functionality for all Platform features.
Remember, when you access and use these third-party websites, services, tools, or content, their terms and privacy policies apply, and Gromus is not responsible for any losses, damages or other liabilities arising from your interactions with them. Gromus is not responsible for any content derived from third-party sources.

Warranties and disclaimers

In short
  • Platform is provided to you “as is”.
  • We promise that it will function as provided for in these Terms during the period of your license and disclaim all other warranties.
  • However, the Platform software may malfunction, in which case we will take every effort to resume its correct operation.

The Platform is provided to you “as is”.
While Gromus warrants that the Platform will substantially align with its official documentation, all other warranties, explicit or implied, are disclaimed. This includes guarantees of merchantability, fitness for a particular purpose and non-infringement of intellectual property rights of third parties or other rights.

Operational assurances

We do not guarantee uninterrupted, secure access to the Platform or its error-free operation. Although we strive to correct defects and prevent harmful elements like viruses, we cannot ensure the Platform's absolute immunity from such issues.

Content reliability

Gromus doesn't promise the accuracy, reliability, or utility of the Platform's features and Content. Further, we provide no guarantees on the extent of any boost in the career, profit, audience size or other metrics users may achieve or any potential financial outcomes from your contributions to the Platform.
Gromus does not grant any guarantee with regard to any decision made in reliance on the Platform, Content and the features provided.

Export compliance

You hereby warrant and represent that:
  • You will not export, re-export, or transfer our services to any country or individual under the U.S. Government restrictions.
  • You are not located in or a resident of a country that the U.S. Government has embargoed or identified as "terrorist-supporting."
  • You are not named in any U.S. Government list of prohibited or restricted parties.

Limitation of liability

In short
  • You are responsible for your use of the Platform in compliance with these Terms and any applicable laws and regulations.
  • Gromus’s liability is limited in accordance with this section, so please read it carefully to understand what to expect.

Your responsibilities

You bear sole responsibility for your actions within the Platform, ensuring they comply with these Terms and all relevant laws and regulations.

Exclusions from our liability

Gromus, along with its subsidiaries, directors, partners, employees, contractors or agents will not be held liable for any indirect, incidental, special, punitive or consequential damages, resulting from your use or inability to use the Platform. This encompasses damages due to reliance on Platform’s Content, loss of profits, goodwill, or any disruptions caused by errors, defects, or viruses, even if Gromus has been advised of potential damages.
Gromus is not responsible for any inaccuracies or omissions in any information, materials, or Content available on the Platform.
The foregoing limitations may not apply if prohibited by law.

Liability cap

Should any part of the warranty disclaimers or limitations of liability be found invalid or unenforceable and if Gromus is determined to be liable to you in any manner, our total liability is capped at the total payments made by you to Gromus within six months preceding the claim.

Indemnification

In short
  • In case you violate these Terms, misuse the Platform, violate any law or third party’s rights, you agree to indemnify and defend Gromus.
You agree to defend, indemnify and hold harmless Gromus, our subsidiaries, directors, partners, employees, contractors and agents from and against any and all claims, responsibility, damages, losses, and expenses, including reasonable legal and accounting expenses, arising from:
  • any breach by you of any of these Terms,
  • your use/misuse of the Platform, or
  • a violation by you of applicable law, third party’s intellectual property, privacy, publicity, or other rights, any agreement or terms with a third party to which you are subject.
We reserve the right to handle our legal defense however we see fit, including instances when you are indemnifying us. Therefore, you agree to cooperate with us so we execute our strategy.

Governing law and disputes resolution

In short
  • These Terms are governed by the laws of the State of Delaware and USA.
  • We hope to resolve all the issues by peaceful means, but in case a serious dispute arises between us, it must be settled via the International Centre for Dispute Resolution.

Governing law

These Terms are governed by the laws of the State of Delaware and the USA, excluding its conflict of law rules.
If the Platform or its use conflicts with local laws where you access it, please refrain from using it. It is your responsibility to stay compliant with local regulations.

Dispute resolution through negotiation

Without limitation to any statutory rights of consumers, you agree that any dispute, conflict, claim or controversy directly or indirectly arising out of in connection with or relating to the Platform or these Terms, including, without limitation, those relating to its validity, its construction or its enforceability shall first be addressed through amicable negotiations with the Gromus team in accordance with the principles of good faith and cooperation.

Arbitration agreement

If no agreement is reached through the negotiations, the dispute shall be settled by arbitration administered by the International Centre for Dispute Resolution, the international division of the American Arbitration Association under its International Arbitration Rules.
This arbitration shall be settled online or, if necessary, in Philadelphia, Commonwealth of Pennsylvania, the USA, by one arbitrator whose decision is final.
You may only resolve disputes with us on an individual basis, and may not bring a claim as a plaintiff or a class member in a class, consolidated, or representative action.
If you wish to opt out of the arbitration agreement, notify our customer support within 30 days of first accepting these Terms.

Alternatives

You can also submit your complaint via the online dispute resolution (ODR) platform.
If you're a California resident, you can address complaints with the Complaint Assistance Unit of the California Department of Consumer Affairs at 1625 N. Market Blvd., Suite S-202, Sacramento, CA 95834 or by phone at (800) 952-5210, as per California Civil Code Section 1789.3.

Time limit for claims

All claims must be filed within one year of their occurrence, unless specific laws dictate a longer period.

Electronic communications

In short
  • We will communicate with you through email and notifications.
  • Expect updates about the Platform, these Terms, and details about your subscription.
  • If you want to stop receiving promotional emails, follow the instructions in those messages.
By using the Platform and providing us with your contact details, you agree to receive the electronic communications via email or push-notifications regarding, without limitation:
  • your use of the Platform;
  • the reports generated through the Platform;
  • updates of the Platform and these Terms; or
  • subscriptions, transactions and cancellations under these Terms.
Note, however, that some emails might promote our services or offers. If you're not interested, you can opt-out by following the instructions in those emails. For details on how we handle personal data, see our Privacy Notice .

Termination

In short
  • To terminate the agreement with Gromus, you have to delete and no longer use or access the Platform.
  • If your subscription period lasts, we will not provide any refunds.
  • We can terminate your access to the Platform, if you violate these Terms.

Termination by Gromus

We reserve the right, at any time at our sole discretion, with prior notice to: modify, suspend or discontinue the Platform, Content, features or services offered through the Platform. You agree that we shall not be liable to you or to any third party should any of the foregoing occur with respect to the Platform.
Gromus reserves the right to take whatever lawful actions it may deem appropriate in response to actual or suspected violations of these Terms, including, without limitation, the suspension or termination of your license and access to the Account, Content, or other services.
Gromus may cooperate with legal authorities and/or third parties in the investigation of any suspected or alleged crime or civil wrong.

Termination by you

You may terminate this agreement with Gromus at any time by deleting the Account and no longer accessing or using the Platform.

Consequences of termination

As a result of terminating this agreement, your subscription, as well as all permissions and licenses granted to you in these Terms, will immediately terminate without Gromus’s obligation to provide any refunds.
Irrespective of updates, deletions, termination of these Terms, or suspension/termination of the Account the user is entitled to continue using as prescribed by these Terms the reports lawfully downloaded through the Platform before the occurrence of any of such events.

Other terms

We may transfer our rights and obligations under these Terms to a third party without affecting your rights or our commitments.
We reserve the right, at any time at our sole discretion, to modify these Terms. In case of material changes affecting your use of the Platform, we will notify you prior to the changes’ effective date. By continuing to use the Platform, you agree to the updated version of these Terms.
If any provision of these Terms is determined to be unlawful, void or unenforceable, the remaining provisions of these Terms will continue to be fully valid and enforceable.
A printed version of these Terms shall be admissible in judicial or administrative proceedings based on or relating to the use of the Platform to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.