Terms and Conditions

TERMS AND CONDITIONS OF USE
 Effective Date: 11-06-2025
 Last Updated: 11-06-2025

1. PREAMBLE

These Terms and Conditions (“Terms”) govern the access to and use of the Growdash platform (“Growdash” or the “Services”), operated by Growdash Tech Solutions DMCC (“we”, “our”, or “us”). These Terms constitute a binding legal agreement between the individual or entity (“you” or the “User”) accessing the Services and Growdash.

By registering an account, accessing, or using the Services, you acknowledge that you have read, understood, and agree to be legally bound by these Terms and our Privacy Policy. If you are accepting these Terms on behalf of a legal entity, you represent that you have the authority to bind such entity.

2. DEFINITIONS

  • “Services” refers to the Growdash platform and related features made available to Users as a software-as-a-service offering.
  • “User Data” means all data, information, content, and materials submitted or transmitted by the User through the Services.
  • “Subscription Plan” refers to the selected paid access tier of the Services.
  • “Applicable Law” means the laws and regulations applicable to the agreement, including but not limited to those of the United Arab Emirates and any relevant international data protection laws.

3. ACCEPTANCE OF TERMS

Access to and use of the Services is conditioned upon acceptance of and compliance with these Terms. Continued use of the Services following changes to these Terms shall constitute deemed acceptance of any modifications.

4. SERVICES PROVIDED

Growdash provides digital analytics, marketing automation, and competitive intelligence tools tailored for the restaurant industry.

Growdash reserves the right, at its sole discretion and without liability, to modify, suspend, or discontinue any aspect of the Services at any time, including the availability of any feature, functionality, or content.

The Services are provided “as is” and “as available,” without warranties of any kind unless expressly stated otherwise.

5. USER OBLIGATIONS AND RESTRICTIONS

By using the Services, you agree that you shall:

  • Comply with all Applicable Laws;
  • Ensure the confidentiality and security of login credentials;
  • Not copy, reverse-engineer, sublicense, or otherwise misuse the Services;
  • Not use the Services to build or offer competing products or services;
  • Not upload, store, or transmit any content that is harmful, unlawful, infringing, or otherwise objectionable.

Growdash reserves the right to suspend or terminate your account without notice in the event of breach of these Terms.

6. ACCOUNT REGISTRATION AND SECURITY

You are solely responsible for all activities that occur under your account. In the event of unauthorized use or a suspected breach, you shall immediately notify Growdash. Growdash disclaims any liability arising from the unauthorized use of your account credentials.

 

7. SUBSCRIPTION, BILLING, AND REFUND POLICY

  • Billing: All fees are billed in advance based on the Subscription Plan selected.
  • Renewals: Subscriptions renew automatically unless canceled prior to the billing cycle.
  • Upgrades: Take effect immediately; downgrades apply in the next billing cycle.
  • Non-payment: May result in suspension or termination of access.
  • Refunds: Payments are non-refundable except as required by Applicable Law.
  • Pricing Changes: We reserve the right to amend pricing with 30 days’ prior notice.

8. INTELLECTUAL PROPERTY

Growdash retains all right, title, and interest in and to the Services and all intellectual property associated therewith.

You retain ownership of your User Data but grant Growdash a worldwide, non-exclusive, royalty-free license to:

  • Use such data to provide the Services;
  • Analyze anonymized and aggregated data for commercial and improvement purposes, including for AI training and service optimization.

9. THIRD-PARTY SERVICES AND INTEGRATIONS

The Services may integrate with external services, including but not limited to food delivery platforms such as Talabat, Deliveroo, and Careem. Growdash does not control or endorse such services and shall not be held liable for:

  • Downtime, changes, or unavailability of third-party APIs;
  • Data inaccuracies or errors originating from such integrations;
  • Your non-compliance with third-party terms and policies.

10. DATA PROTECTION AND GDPR COMPLIANCE

  • Data Controller: Growdash Tech Solutions DMCC is the data controller for personal data processed through the Services, unless otherwise specified.
  • Data Rights (EU Users): Subject to GDPR, you have the right to access, rectify, erase, restrict, or port your personal data. To exercise these rights, contact us at [privacy@mygrowdash.com].
  • Data Retention: User data will be retained for a period of 3 months post-account termination, after which it will be securely deleted unless otherwise required by law.
  • Cross-Border Transfers: All international data transfers are conducted using approved mechanisms in accordance with GDPR and other applicable regulations.
  • Children’s Data: The Services are not intended for individuals under the age of 16. No knowingly collected data will be processed from such individuals.
  • DPA: A Data Processing Agreement is available upon request for enterprise clients.

11. BETA AND EXPERIMENTAL FEATURES

Certain Services may be labeled as “beta,” “experimental,” or “trial.” These features may be incomplete or unstable. By using them, you acknowledge and accept that they are provided without warranties and at your sole risk.

12. LIMITATION OF LIABILITY

To the maximum extent permitted by law:

  • Growdash shall not be liable for any indirect, incidental, special, consequential, or punitive damages;
  • This includes loss of data, business interruption, loss of profits, or damages resulting from third-party failures;
  • Total aggregate liability shall not exceed the fees paid by the User to Growdash in the six (6) months preceding the event giving rise to the claim.

13. INDEMNIFICATION

You agree to indemnify, defend, and hold harmless Growdash, its directors, officers, employees, and agents from and against any claims, losses, damages, liabilities, and expenses arising out of:

  • Your use of the Services;
  • Your breach of these Terms;
  • Your infringement of any third-party rights.

14. TERMINATION

You may terminate your account at any time. Growdash reserves the right to suspend or terminate access at its sole discretion for any breach of these Terms.

Upon termination:

  • Your access to the platform is revoked;
  • Data will be retained for 12 months and then permanently deleted upon a request;
  • No refunds will be issued unless otherwise required by Applicable Law.
     

15. SERVICE-LEVEL COMMITMENT

Growdash targets a 99% monthly uptime rate, excluding:

  • Scheduled maintenance windows;
  • Downtime due to third-party providers or force majeure events.

Growdash makes no commitment to offer SLA credits unless expressly agreed in a separate agreement.

16. GOVERNING LAW AND DISPUTE RESOLUTION

These Terms shall be governed by and construed in accordance with the laws of the United Arab Emirates.

Any dispute arising out of or in connection with these Terms shall be submitted to the exclusive jurisdiction of the courts of Dubai, UAE. Notwithstanding the foregoing, Growdash reserves the right to seek injunctive or equitable relief in any court of competent jurisdiction. The parties may, by mutual consent, agree to binding arbitration administered under the rules of a recognized arbitration body.

17. MISCELLANEOUS

  • Entire Agreement: These Terms and the Privacy Policy constitute the entire agreement between the parties.
  • Severability: If any provision is held invalid, the remainder shall remain in full force and effect.
  • No Waiver: Failure to enforce any provision shall not constitute a waiver of such provision.
  • Force Majeure: Growdash shall not be liable for delays or failure to perform resulting from causes beyond its reasonable control.