Terms of Service

1. Agreement and eligibility

1.1 These Terms of Service (“Terms”) are an agreement between Diojen Tech FZ-LLC, which operates Growty (“Growty”, “we”, “us” or “our”), and the business that uses Growty (the “Customer” or “you”). By creating an account, signing an order form or using Growty, the Customer agrees to these Terms.

1.2 Growty is for business use only and is not offered to consumers. The person who accepts these Terms for the Customer must be at least 18 and authorised to bind the Customer, and confirms that they are.

1.3 If Growty and the Customer sign an order form, it forms part of these Terms. Where an order form conflicts with these Terms, the order form prevails.

1.4 In these Terms, “Users” are the people the Customer allows to use its account; “end customers” are the people the Customer deals with through Growty, such as leads and WhatsApp contacts; and “Customer Data” is the data that the Customer, its Users or its end customers submit to Growty, including end-customer data.

2. The service

2.1 Growty lets the Customer:

1. (a) capture leads from its own websites through a Growty API endpoint or an embeddable Growty form;
2. (b) talk to those leads on WhatsApp through the WhatsApp Business Platform (Cloud API), using the Customer’s own WhatsApp Business Account connected through Meta Embedded Signup;
3. (c) create and manage its WhatsApp message templates;
4. (d) work leads in a team inbox and sales pipeline;
5. (e) use an AI assistant, as described in Section 6; and
6. (f) report conversions to its own Google Ads, Google Analytics 4 and Meta accounts, for the accounts it connects and as it configures.

2.2 Subject to these Terms and to payment of the fees, the Customer and its Users may use Growty for the Customer’s own business during the Customer’s subscription.

2.3 We may update Growty over time. We announce material changes by email or in the dashboard.

3. Accounts and security

3.1 The Customer is responsible for its account, its Users and everything done through its account.

3.2 The Customer must give accurate account information, make sure each User has their own login and keep login credentials confidential.

3.3 The Customer must tell us at support@growty.ai without undue delay if it suspects unauthorised access to its account.

3.4 The Customer must promptly remove access for Users who no longer need it.

4. Customer responsibilities

4.1 Lawful collection. The Customer must collect end-customer data lawfully—including giving the privacy notices and obtaining the consents the law requires on its websites and forms—and must have a lawful basis for everything it asks Growty to do with that data.

4.2 WhatsApp opt-in. Before sending WhatsApp messages to anyone, the Customer must obtain the opt-in that WhatsApp’s policies and applicable law require, and must honour requests to stop.

4.3 WhatsApp policies. The Customer must comply with the WhatsApp Business Messaging Policy, the WhatsApp Commerce Policy and the terms it accepts with Meta when it connects its WhatsApp Business Account. The Customer is responsible for the content of its messages and message templates.

4.4 Consent for conversion reporting. Before turning on conversion reporting, the Customer must obtain any consent that the law or the ad platform’s policies require for sharing end-customer data with Google or Meta (for example, under Google’s EU user consent policy), and must pass consent signals to Growty so that Growty can honour them.

4.5 Website visitors. The Customer is responsible for the notices and consent its website visitors need for the Growty form script, which may keep click identifiers and UTM values in first-party storage on the Customer’s domain.

4.6 Compliance with law. The Customer must comply with all laws that apply to its use of Growty, including data protection, marketing and consumer protection laws.

4.7 Acceptable use. The Customer must not, and must not let anyone else:

1. (a) use Growty to send spam or messages that people have not opted in to receive;
2. (b) use Growty to send unlawful, misleading, harassing or infringing content;
3. (c) use Growty to offer a general-purpose AI chatbot or assistant;
4. (d) gain or attempt to gain unauthorised access to Growty or its systems, or interfere with them;
5. (e) reverse engineer Growty, except where the law allows it; or
6. (f) resell or sublicense access to Growty without our written agreement.

5. Third-party services

5.1 Growty works with services operated by Meta (including the WhatsApp Business Platform and the Conversions API) and by Google (including Google Ads and Google Analytics 4). The Customer’s use of those services is governed by its own agreements with Meta and Google.

5.2 Meta bills the Customer directly for WhatsApp usage. Growty’s fees do not include Meta’s charges.

5.3 Features that rely on Meta or Google depend on those services being available. Meta and Google may change or suspend their services, reject message templates or restrict accounts. Growty is not responsible for their acts or omissions, and if a change by Meta or Google means that Growty can no longer provide a feature, we may change or remove that feature.

5.4 By connecting a Meta or Google account, the Customer authorises Growty to access and use it as needed to provide the features the Customer uses. The Customer can disconnect it at any time.

6. AI features

6.1 Growty’s AI assistant drafts or sends replies and extracts lead details on the Customer’s behalf, within the Customer’s settings, and hands conversations off to the Customer’s staff. It is a business-specific assistant for the Customer’s own conversations, never a general-purpose AI chatbot.

6.2 AI output may be inaccurate, incomplete or inappropriate. The Customer is responsible for reviewing the assistant’s settings and output, and remains responsible for every message sent on its behalf, including messages the assistant sends automatically under the Customer’s settings.

6.3 The Customer controls the assistant’s settings and can turn AI off.

6.4 Where the law requires it, the Customer must tell end customers that they may be talking to an automated assistant.

6.5 Our AI providers are contractually bound not to train their models on the conversation content the assistant processes.

7. Fees

7.1 Fees, billing periods and payment terms are as set out in the Customer’s order form or plan.

7.2 Unless the order form or plan says otherwise, fees exclude taxes, and the Customer pays any taxes that apply.

7.3 Meta’s charges for WhatsApp usage are billed to the Customer by Meta (see Section 5.2).

7.4 If fees are overdue, we may suspend Growty under Section 14.

8. Data processing

8.1 Roles. For end-customer data, the Customer is the controller and Growty is the processor. Growty is the controller of account data, as described in our Privacy Policy.

8.2 Instructions. Growty processes end-customer data only on the Customer’s documented instructions. These Terms, any order form, and the Customer’s settings and use of Growty are those instructions. If the law requires Growty to process end-customer data in another way, Growty tells the Customer first, unless the law forbids it.

8.3 Confidentiality. Growty ensures that the people it authorises to process end-customer data are bound by confidentiality.

8.4 Security. Growty protects end-customer data with the security measures described in our Privacy Policy.

8.5 Sub-processors. The Customer authorises Growty to use the sub-processors listed in our Privacy Policy. Growty puts written data protection terms in place with each sub-processor. We announce new sub-processors by email or in the dashboard before they process end-customer data. If the Customer objects on reasonable data protection grounds and we cannot resolve the objection, the Customer may close its account.

8.6 Assistance. Taking into account the nature of the processing and the information available to it, Growty assists the Customer in responding to requests from end customers who exercise their rights, and in meeting the Customer’s obligations on security, breach notification and data protection impact assessments.

8.7 Breach notice. Growty notifies the Customer without undue delay after becoming aware of a personal data breach affecting end-customer data, and gives the Customer the information it has to help the Customer meet its own obligations.

8.8 Deletion or return. Within 30 days after these Terms end, Growty returns end-customer data to the Customer or deletes it, as the Customer chooses; if the Customer does not choose, Growty deletes it. Growty keeps end-customer data for longer only where the law requires it. Deleted data rotates out of backups within a further 35 days.

8.9 Transfers. When Growty transfers end-customer data internationally, it uses appropriate safeguards, such as Standard Contractual Clauses.

9. Intellectual property and feedback

9.1 Growty and its licensors own Growty, including its software and design, and all intellectual property rights in it. These Terms give the Customer only the right to use Growty set out in Section 2.2.

9.2 The Customer owns Customer Data. The Customer grants Growty a non-exclusive, worldwide licence to host, copy, process, transmit and display Customer Data only as needed to provide Growty and as these Terms allow.

9.3 If the Customer or its Users give us suggestions or other feedback about Growty, we may use them without restriction or obligation.

10. Confidentiality

10.1 “Confidential information” means non-public information that one party discloses to the other and that is marked as confidential or should reasonably be understood to be confidential. Customer Data is the Customer’s confidential information.

10.2 The receiving party will use the other party’s confidential information only to perform these Terms; will disclose it only to its employees, contractors and sub-processors who need it for that purpose and are bound by confidentiality; and will protect it with at least reasonable care.

10.3 These obligations do not apply to information that is or becomes public through no fault of the receiving party, was already lawfully known to it, is independently developed by it or is lawfully received from a third party without a duty of confidentiality.

10.4 A party may disclose confidential information when the law requires it, after notifying the other party where the law allows.

11. Warranties and disclaimer

11.1 Each party warrants that it has the authority to enter into these Terms.

11.2 The Customer warrants that it has all the rights, notices, opt-ins and consents needed for Growty to process Customer Data as these Terms describe.

11.3 Except as expressly stated in these Terms, and to the extent the law allows, Growty is provided “as is” and “as available”, and Growty disclaims all other warranties, express or implied, including warranties of merchantability, fitness for a particular purpose and non-infringement. Growty does not warrant that the service will be uninterrupted or error-free, that AI output will be accurate, or that Meta or Google will approve message templates or accounts or keep their services available.

12. Limitation of liability

12.1 To the extent the law allows, neither party is liable for any indirect, incidental, special or consequential loss, or for any loss of profits, revenue, goodwill or data, arising out of or in connection with these Terms, even if it was told that such loss was possible.

12.2 To the extent the law allows, each party’s total liability arising out of or in connection with these Terms is limited to the fees that the Customer paid and owed to Growty in the 12 months before the event giving rise to the claim.

12.3 Sections 12.1 and 12.2 do not limit the Customer’s obligation to pay fees, the Customer’s obligations under Section 13, either party’s liability for fraud, gross negligence or wilful misconduct, or any liability that cannot be limited by law.

13. Indemnity

13.1 To the extent the law allows, the Customer will defend Growty, its affiliates and their officers and employees against any third-party claim or regulatory action, and will indemnify them against the resulting damages, fines, penalties, settlements and reasonable costs (including legal fees), to the extent the claim or action arises from:

1. (a) messages sent by or for the Customer through Growty without a required opt-in or otherwise in breach of applicable law; or
2. (b) the Customer’s collection or use of end-customer data in breach of applicable law, including any failure to give required notices or obtain required consents.

13.2 Growty will tell the Customer promptly about any such claim or action, let the Customer control its defence and settlement, and give reasonable help at the Customer’s expense. The Customer may not settle in a way that admits fault on Growty’s part or places obligations on Growty without Growty’s written consent.

14. Suspension and termination

14.1 We may suspend all or part of the Customer’s access to Growty if fees are overdue; if the Customer’s use breaches Section 4 or puts the security of Growty, other Customers or end customers at risk; if Meta or Google require it for the Customer’s accounts; or if the law requires it. Where practicable, we give notice first, limit the suspension to what is needed and restore access once the reason is resolved.

14.2 The Customer may close its account at any time by emailing support@growty.ai. Any commitment in the Customer’s order form or plan continues to apply.

14.3 Either party may terminate these Terms by notice if the other party materially breaches them and does not fix the breach within 30 days after receiving notice of it. We may also terminate immediately by notice if the Customer seriously or repeatedly breaches Section 4.

14.4 When these Terms end, the Customer’s right to use Growty ends, fees owed up to that date remain payable, Growty deletes or returns end-customer data under Section 8.8, and Growty deletes Meta Platform Data as described in our Privacy Policy. The Customer should also remove the Growty app from its Meta Business Settings, as described in our data deletion instructions.

14.5 Section 7 (for fees owed), Section 8.8, Sections 9–13, Section 16 and Section 17 survive the end of these Terms.

15. Changes to these Terms

15.1 We may update these Terms. We announce material changes by email or in the dashboard before they take effect.

15.2 If the Customer does not accept a change, it may close its account before the change takes effect. If the Customer continues to use Growty after that, it accepts the updated Terms. The effective date at the top of this page shows when the current version took effect.

16. Governing law and jurisdiction

16.1 These Terms, and any dispute or claim arising out of or in connection with them, are governed by the laws of the United Arab Emirates as applied in the Emirate of Ras Al Khaimah, without regard to its conflict-of-law rules.

16.2 The courts of Ras Al Khaimah have exclusive jurisdiction over any such dispute or claim.

17. General

17.1 Entire agreement. These Terms and any order form are the entire agreement between the parties about Growty and replace any earlier agreement about it.

17.2 Assignment. Neither party may assign these Terms without the other party’s written consent, which may not be unreasonably withheld.

17.3 Force majeure. Neither party is liable for any failure or delay caused by events beyond its reasonable control, except for a failure to pay fees.

17.4 Notices. We send notices to the email address on the Customer’s account or in the dashboard. The Customer sends notices to support@growty.ai.

17.5 Severability and waiver. If any part of these Terms is unenforceable, the rest stays in effect. Not enforcing a right is not a waiver of it.

17.6 Relationship. The parties are independent contractors. Apart from the people protected by Section 13, no one other than the parties has rights under these Terms.

17.7 Language. These Terms are written in English. If they are translated, the English version prevails.

18. Contact

For questions about these Terms, email support@growty.ai, or write to: