Grouwe Service Overview.
Grouwe offers productivity software services. Grouwe’s offerings include "RealTask" which allows users to create shared workspaces to collaborate and manage tasks within their teams.
Eligibility.
You must be at least 13 years old to use the Service. By agreeing to these Terms, you represent and warrant to us that: (a) you are at least 13 years old; (b) you have not previously been suspended or removed from the Service; and (c) your registration and your use of the Service is in compliance with any and all applicable laws and regulations. If you are an entity, organization, or company (an "Organization"), the individual accepting these Terms on your behalf represents and warrants that they have authority to bind you to these Terms and you agree to be bound by these Terms.
Accounts and Registration.
To access the Service, you must register for an account. You may register using your email. When you register for an account, you may be required to provide us with some information about yourself, such as your name, email address, or other contact information. You agree that the information you provide to us is accurate and that you will keep it accurate and up-to-date at all times. When you register, you will be asked to provide a password. You are solely responsible for maintaining the confidentiality of your account and password, and you accept responsibility for all activities that occur under your account. If you believe that your account is no longer secure, then you must immediately notify us by contacting customer service at
hello@grouweapps.com.
General Payment Terms.
Usage of the Service may require you to pay fees. Before you pay any fees, you will have an opportunity to review and accept the fees that you will be charged. All fees are in the currencies provided on the Grouwe website and, except as expressly provided by applicable law, are non-refundable, except required by law.
- Price. Grouwe reserves the right to determine pricing for the Service. Grouwe will make reasonable efforts to keep pricing information published on the website up to date which is available on our pricing page (the "Pricing Page"). All prices are shown on the Pricing Page. Any applicable sales taxes, levies, value-added taxes, or duties imposed by taxing authorities are calculated during the check-out based on your location. We encourage you to check our website periodically for current pricing information. Grouwe may change the price of any feature of the Service; if this occurs, Grouwe will provide you advance notice of the changes before they apply. Grouwe, at its sole discretion, may make promotional offers with different features and different pricing to any of Grouwe’s customers. These promotional offers, unless made to you, will not apply to your offer or these Terms.
- Authorization. You authorize Grouwe and its third-party payment processors to charge all sums for the orders that you make and any level of Service you select as described in these Terms or published by Grouwe, including all applicable taxes, to the payment method specified in your account. If you pay any fees with a credit card, Grouwe or its third-party payment processors may seek pre-authorization of your credit card account prior to your purchase to verify that the credit card is valid and has the necessary funds or credit available to cover your purchase.
- Subscription Service. The Service may include automatically recurring payments for periodic charges ("Subscription Service"). If you activate a Subscription Service, you authorize Grouwe or its third-party payment processors to periodically charge, on a going-forward basis and until cancellation of either the recurring payments or your account, all accrued sums on or before the payment due date for the accrued sums. The "Subscription Billing Date" is the date when you purchase your first subscription to the Service. For information on the "Subscription Fee", please see our Pricing page. Your account will be charged automatically on the Subscription Billing Date all applicable fees and taxes for the next subscription period (e.g., monthly billing periods will be billed on the same day each month). The subscription will continue unless and until you cancel your subscription or we terminate it. You must cancel your subscription before it renews in order to avoid billing of the next periodic Subscription Fee to your account. Grouwe or its third-party payment processor will bill the periodic Subscription Fee to the payment method you provide to us during registration (or to a different payment method if you change your payment information). You may cancel the Subscription Service under your user settings, or by contacting customer service at hello@grouweapps.com.
- Delinquent Accounts - Grouwe may suspend or terminate access to the Service, including fee-based portions of the Service, for any account for which any amount is due but unpaid. In addition to the amount due for the Service, a delinquent account will be charged with fees or charges that are incidental to any chargeback or collection of any the unpaid amount, including collection fees.
Grouwe Service Products.
- General. Users may sign up for an account for the various Grouwe Service products described below via the Grouwe website, as applicable. These Terms apply to all products that are a part of the Service.
- RealTask Pro. You may choose to sign up for the free 14 days trial version of RealTask or the paid subscription version of RealTask, which automatically renews at the end of your billing period consistent with the terms of Section 4.3 (Subscription Service). Grouwe does not represent or guarantee when, if ever, RealTask Pro features will be available in the free version of RealTask. You can upgrade from the free version to RealTask Pro at any time by following instructions on our Pricing Page.
Beta Services.
- Generally. From time to time, Grouwe may provide you with the opportunity to try products or services which are not generally available to users ("Beta Services"). This period of time will be referred to as the "Beta Services Period". Beta Services will be designated as beta, pilot, non-production, evaluation, or by another description with a similar meaning. You may accept or decline an invitation at your sole discretion. You may use the Beta Services solely for evaluation purposes. By using the Beta Services, you agree to: (a) cooperate with Grouwe in evaluating the Beta Services; and (b) provide to Grouwe any reasonably requested feedback, comments, and suggestions for improvements.
- Beta Services Usage Data. You acknowledge and agree that Grouwe may collect anonymous data regarding usage and performance of the Service in connection with your use of the Beta Services ("Beta Services Usage Data"). Beta Services Usage Data is and will remain the exclusive property of Grouwe. Grouwe may use and disclose the Beta Services Usage Data for its business purposes, including to monitor, improve, and market Grouwe’s products, provided that Grouwe will not distribute or convey that data in a manner that could reasonably identify you as its source.
- Beta Services Disclaimer. You acknowledge and agree that the Beta Services may be inoperable or incomplete and may contain errors, design flaws, or other problems. Grouwe is under no obligation to make any Beta Services generally available and Grouwe may unilaterally discontinue any Beta Service at any time. Furthermore, you acknowledge and agree that you use all Beta Services at your own risk and that your use of the Beta Services may result in loss of User Content, data, or communications, project delays, or other unpredictable damage or loss. Grouwe will have no liability or responsibility to you or any third party with respect to any matter whatsoever regarding the Beta Services, including the loss of any of your User Content or other data or communications resulting from your use of the Beta Services. ALL BETA SERVICES ARE PROVIDED "AS-IS" WITHOUT ANY WARRANTY OF ANY KIND.
Licenses.
- Limited License. Subject to your complete and ongoing compliance with these Terms, Grouwe grants you, solely for your personal use or for your employer's or Organization's internal business operations, as applicable, a limited, non-exclusive, non-transferable, non-sublicensable, revocable license to access and use the Service to which you have subscribed.
- License Restrictions. Except and solely to the extent such a restriction is impermissible under applicable law or expressly authorized by us, you may not: (a) reproduce, distribute, publicly display, or publicly perform the Service; (b) make modifications to the Service; or (c) interfere with or circumvent any feature of the Service, including any security or access control mechanism. If you are prohibited under applicable law from using the Service, you may not use it.
- Feedback. If you choose to provide input and suggestions regarding problems with or proposed modifications or improvements to the Service (excluding Beta Services) ("Feedback"), then you hereby grant Grouwe an unrestricted, perpetual, irrevocable, non-exclusive, fully-paid, royalty-free right to exploit the Feedback in any manner and for any purpose, including to improve the Service and create other products and services.
Ownership; Proprietary Rights.
The Service is owned and operated by Grouwe. The visual interfaces, graphics, design, compilation, information, data, computer code (including source code or object code), products, software, services, promotional content (including Grouwe’s blog content) and all other elements of the Service ("Materials") provided by Grouwe are protected by intellectual property and other laws. All Materials included in the Service are the property of Grouwe or its third-party licensors. Except as expressly authorized by Grouwe, you may not make use of the Materials. Grouwe reserves all rights to the Materials not granted expressly in these Terms.
Third Party Terms.
- Third-Party Services and Linked Websites. Grouwe may provide tools through the Service that enable you to export information, including User Content, to third-party services, including through features that allow you to link your account on Grouwe with an account on the third-party service. By using one of these tools, you agree that Grouwe may transfer that information to the applicable third-party service. Third-party services are not under Grouwe’s control, and, to the fullest extent permitted by law, Grouwe is not responsible for any third-party service's use of your exported information. The Service may also contain links to third party websites. Linked websites are not under Grouwe’s control, and Grouwe is not responsible for their content.
- Third Party Software. The Service may include or incorporate third party software components, integrations, or extensions that are generally available free of charge under licenses granting recipients broad rights to copy, modify, and distribute those components ("Third-Party Components"). Although the Service is provided to you subject to these Terms, nothing in these Terms prevents, restricts, or is intended to prevent or restrict you from obtaining Third Party Components under the applicable third-party licenses or to limit your use of Third-Party Components under those third-party licenses.
User Content.
- User Content Generally. Certain features of the Service may permit users to upload content to the Service and send content through the Service, including messages, reviews, photos, audio, video, images, folders, data, text, graphics, and other types of information, material, and works ("User Content") and to publish User Content on the Service. As between you and Grouwe, you retain any copyright and other proprietary rights that you may hold in the User Content that you post to the Service. However, you acknowledge and agree that if you are an employee of an Organization, the applicable Organization may own the rights to that User Content.
- User Content License Grant to Grouwe. By providing User Content to or via the Service, your content is still yours but you grant Grouwe a worldwide, non-exclusive, irrevocable, royalty-free, fully paid right and license (with the right to sublicense) to use, host, store, translate, transfer, display, perform, reproduce, modify, display, distribute your User Content, in whole or in part, and make derivative works of all such User Content and your name, voice, and/or likeness as contained in your User Content, in whole or in part, and in any form, media, or technology, whether now known or hereafter developed, for use only in connection with the Service so we can provide you features like sharing & collaboration with authorized user.
- User Content Representations and Warranties. Grouwe disclaims any and all liability in connection with User Content. You are solely responsible for your User Content and the consequences of providing User Content via the Service. By providing User Content via the Service, you affirm, represent, and warrant that:
a. you are (or your Organization is) the creator and owner of the User Content, or have the necessary licenses, rights, consents, and permissions to authorize Grouwe and users of the Service to use and distribute your User Content as necessary to exercise the licenses granted by you in this Section, in the manner contemplated by Grouwe, the Service, and these Terms; b. your User Content, and the use of your User Content as contemplated by these Terms, does not and will not: (i) infringe, violate, or misappropriate any third party right, including any copyright, trademark, patent, trade secret, moral right, privacy right, right of publicity, or any other intellectual property or proprietary right; (ii) breach any contractual obligation that you owe to a third party, including any Organization; (iii) slander, defame, libel, or invade the right of privacy, publicity or other property rights of any other person; or (iv) cause Grouwe to violate any law or regulation; and c. your User Content could not be deemed by a reasonable person to be objectionable, profane, indecent, pornographic, harassing, threatening, embarrassing, hateful, or otherwise inappropriate. - User Content Disclaimer. We are under no obligation to edit or control User Content that you or other users post or publish, and will not be in any way responsible or liable for User Content. Grouwe may, however, at any time and without prior notice, screen, remove, edit, or block any User Content that in our sole judgment violates these Terms or is otherwise objectionable. You understand that when you use the Service, you may be exposed to User Content from a variety of sources and acknowledge that User Content may be inaccurate, offensive, indecent, or objectionable. You agree to waive, and do waive, any legal or equitable right or remedy you have or may have against Grouwe with respect to User Content. If notified by a user or content owner that User Content allegedly does not conform to these Terms, we may investigate the allegation and determine in our sole discretion whether to remove the User Content, which we reserve the right to do at any time and without notice. For clarity, Grouwe does not permit copyright-infringing activities on the Service.
- Monitoring Content. Grouwe does not control and does not have any obligation to monitor: (a) User Content; (b) any content made available by third parties; or (c) the use of the Service by its users. You acknowledge and agree that Grouwe reserves the right to, and may from time to time, monitor any and all information transmitted or received through the Service for operational and other purposes. If at any time Grouwe chooses to monitor the content, Grouwe still assumes no responsibility or liability for content or any loss or damage incurred as a result of the use of content. During monitoring, information may be examined, recorded, copied, and used in accordance with our Privacy Policy.
Communications.
- Push Notifications. When you install our app on your mobile device, you may choose to receive push notifications, which are messages an app sends you on your mobile device when the app is not on. In addition to the foregoing push notifications, you may receive notifications on your other computer hardware device (e.g., laptop, desktop, or tablet). You can turn notifications on or off by visiting your the device's "settings" page.
- Email. We may send you emails concerning our products and services, as well as those of third parties. You may opt out of promotional emails by contacting us at hello@grouweapps.com.
Prohibited Conduct.
BY USING THE SERVICE YOU AGREE NOT TO:
(a) use the Service for any illegal purpose or in violation of any local, state, national, or international law;
(b) harass, threaten, demean, embarrass, or otherwise harm any other user of the Service;
(c) violate, or encourage others to violate, any right of a third party, including by infringing or misappropriating any third-party intellectual property right or using or disclosing the confidential information of any third party without permission;
(d) interfere with security-related features of the Service, including by: (i) disabling or circumventing features that prevent or limit use or copying of any content, including controls or restrictions implemented by Administrators; or (ii) reverse engineering or otherwise attempting to discover the source code of any portion of the Service except to the extent that the activity is expressly permitted by applicable law;
(e) interfere with the operation of the Service or any user's enjoyment of the Service, including by: (i) uploading or otherwise disseminating any virus, adware, spyware, worm, or other malicious code; (ii) making any unsolicited offer or advertisement to another user of the Service; (iii) collecting personal information about another user or third party without consent; or (iv) interfering with or disrupting any network, equipment, or server connected to or used to provide the Service;
(f) perform any fraudulent activity including by: (i) representing, implying, or claiming that a Workspace is affiliated with an Organization without the express consent of that Organization; (ii) impersonating any person, Administrator, Workspace Authorized User, Organization, or entity; (iii) claiming a false affiliation; (iv) or accessing any other Service account without permission;
(g) sell or otherwise transfer the access granted under these Terms or any Materials (as defined in Section 9) or any right or ability to view, access, or use any Materials; or
(h) attempt to do any of the acts described in this Section or assist or permit any person in engaging in any of the acts described in this Section.
Modification of these Terms.
We reserve the right to change these Terms on a going-forward basis at any time. Please check these Terms periodically for changes. If a change to these Terms materially modifies your rights or obligations, we may require that you accept the modified Terms in order to continue to use the Service. Material modifications are effective upon your acceptance of the modified Terms. Immaterial modifications are effective upon publication. Except as expressly permitted in this Section, these Terms may be amended only by a written agreement signed by authorized representatives of the parties to these Terms. Disputes arising under these Terms will be resolved in accordance with the version of these Terms that was in effect at the time the dispute arose.
Term, Termination and Modification of the Service.
- Term. These Terms are effective beginning when you accept the Terms or first download, install, access, or use the Service, and ending when terminated as described in Section 14.2 (Termination).
- Termination. If you violate any provision of these Terms, your authorization to access the Service and these Terms automatically terminate. In addition, Grouwe may, at its sole discretion, terminate these Terms or your account on the Service, or suspend or terminate your access to the Service, at any time for any reason or no reason, with or without notice. You may terminate your account and these Terms at any time by contacting customer service at hello@grouweapps.com. If you or the Administrator loses access to an account or otherwise request information about an account, we reserve the right to request from you or that Administrator (as the case may be) any verification we deem necessary before restoring access to or providing information about that account. If the Administrator of a Workspace terminates their account, then all Workspace Authorized Users of that Workspace will no longer have access to that Workspace, which includes any User Content contained that Workspace. Subject to the setting designated for the particular Workspace, it is your sole responsibility to export or save any User Content that is contained in a Workspace. Grouwe is under no obligation to maintain or provide any User Content that was contained in a Workspace after termination.
- Effect of Termination. Upon termination of these Terms: (a) your license rights will terminate and you must immediately cease all use of the Service; (b) you will no longer be authorized to access your account or the Service; (c) you must pay Grouwe all payment obligations that accrued prior to termination (all prepaid fees for the Service are non-refundable and non-cancellable unless otherwise stated); and (d) the following Sections: 5.5(a) (Workspace Administration), 5.5(b) (Organizational Workspace), 6.2 (Beta Services Usage Data), 6.4 (Beta Services Disclaimer), 7.3 (Feedback), 8 (Ownership; Proprietary Rights), 10.2 (User Content License Grant to Grouwe), 10.3 (User Content License Grant to Other Users), 14.3 (Effect of Termination), 15 (Modification of the Service), 16 (Indemnity) and 17 (Disclaimers; No Warranties) will survive.
Modification of the Service.
Grouwe reserves the right to modify or discontinue the Service at any time (including by limiting or discontinuing certain features of the Service), temporarily or permanently, without notice to you. Grouwe will have no liability for any change to the Service or any suspension or termination of your access to or use of the Service.
Indemnity.
To the fullest extent permitted by law, you are responsible for your use of the Service, and you will defend and indemnify Grouwe and its officers, directors, employees, consultants, affiliates, subsidiaries and agents (together, the "Grouwe Entities") from and against every claim brought by a third party, and any related liability, damage, loss, and expense, including reasonable attorneys' fees and costs, arising out of or connected with: (a) your unauthorized use of, or misuse of, the Service; (b) your violation of any portion of these Terms, any representation, warranty, or agreement referenced in these Terms, or any applicable law or regulation; (c) your violation of any third party right, including any intellectual property right or publicity, confidentiality, other property, or privacy right; (d) the nature or content of data processed by the Service; (e) User Content that violates federal, state, or local employment discrimination or harassment laws; (f) your use of the Service in violation of your obligations under any agreement between you and a third party, including, but not limited to, the maintenance and protection of third-party confidential information and trade secrets; or (g) any dispute or issue between you and any third party. We reserve the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you (without limiting your indemnification obligations with respect to that matter), and in that case, you agree to cooperate with our defense of those claims.
Disclaimers; No Warranties.
THE SERVICE AND ALL MATERIALS AND CONTENT AVAILABLE THROUGH THE SERVICE ARE PROVIDED "AS IS" AND ON AN "AS AVAILABLE" BASIS. GROUWE DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, RELATING TO THE SERVICE AND ALL MATERIALS AND CONTENT AVAILABLE THROUGH THE SERVICE, INCLUDING: (A) ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, QUIET ENJOYMENT, OR NON-INFRINGEMENT; AND (B) ANY WARRANTY ARISING OUT OF COURSE OF DEALING, USAGE, OR TRADE. GROUWE DOES NOT WARRANT THAT THE SERVICE OR ANY PORTION OF THE SERVICE, OR ANY MATERIALS OR CONTENT OFFERED THROUGH OR PROCESSED BY THE SERVICE, WILL BE UNINTERRUPTED, SECURE, OR FREE OF ERRORS, VIRUSES, OR OTHER HARMFUL COMPONENTS, AND GROUWE DOES NOT WARRANT THAT ANY OF THOSE ISSUES WILL BE CORRECTED. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM THE SERVICE OR GROUWE ENTITIES OR ANY MATERIALS OR CONTENT AVAILABLE THROUGH THE SERVICE WILL CREATE ANY WARRANTY REGARDING ANY OF THE GROUWE ENTITIES OR THE SERVICE THAT IS NOT EXPRESSLY STATED IN THESE TERMS. WITHOUT LIMITING ANY DISCLAIMER IN THESE TERMS, WE ARE NOT RESPONSIBLE FOR ANY DAMAGE THAT MAY RESULT FROM (A) THE SERVICE; (B) THE ACTIONS OR INACTIONS OF THE TEAMS AUTHORIZED USERS THAT YOU INVITE TO YOUR WORKSPACE; (C) YOUR ABILITY OR INABILTITY TO ACCESS, EXPORT, TRANSFER, RETRIEVE, OR REMOVE ANY USER CONTENT FROM ANY WORKSPACE; (C) THE PROCESSING OR USE OF YOUR USER CONTENT BY AN ORGANIZATION; AND (D) YOUR DEALING WITH ANY OTHER SERVICE USER, ADMINISTRATOR, OR ORGANIZATION. YOU UNDERSTAND AND AGREE THAT YOU USE ANY PORTION OF THE SERVICE AT YOUR OWN DISCRETION AND RISK, AND THAT WE ARE NOT RESPONSIBLE FOR ANY DAMAGE TO YOUR PROPERTY (INCLUDING YOUR COMPUTER SYSTEM OR MOBILE DEVICE USED IN CONNECTION WITH THE SERVICE) OR ANY LOSS, USE, OR DISCLOSURE OF DATA, INCLUDING USER CONTENT. THE LIMITATIONS, EXCLUSIONS, AND DISCLAIMERS IN THIS SECTION APPLY TO THE FULLEST EXTENT PERMITTED BY LAW. Grouwe does not disclaim any warranty or other right that Grouwe is prohibited from disclaiming under applicable law.
Limitation of Liability.
TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT WILL THE GROUWE ENTITIES BE LIABLE TO YOU FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES (INCLUDING DAMAGES FOR LOSS OF PROFITS, GOODWILL, OR ANY OTHER INTANGIBLE LOSS) ARISING OUT OF OR RELATING TO YOUR ACCESS TO OR USE OF, OR YOUR INABILITY TO ACCESS OR USE, THE SERVICE OR ANY MATERIALS OR CONTENT ON OR AVAILABLE THROUGH THE SERVICE, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), STATUTE, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT ANY GROUWE ENTITY HAS BEEN INFORMED OF THE POSSIBILITY OF DAMAGE.