These terms govern the use of Grower CRM (the “service”), provided by BDA LLC (“BDA”, “we”). By creating an account or using the service on behalf of a business (the “customer”), you accept these terms on behalf of that business and represent that you have the authority to do so.
1. The service
Grower CRM is a cloud CRM for serving and selling on WhatsApp and other channels: a conversation inbox, contacts and sales pipeline, an optional artificial intelligence agent, scheduling, email, forms, landing pages and marketing tools. Available features depend on the plan and on the modules enabled for each customer.
2. Accounts
- You must provide accurate information and keep your email address verified.
- You are responsible for activity under your account and for the people you invite to your business. Protect your password and tell us immediately if you suspect unauthorized access.
- The service is for businesses and people aged 18 or older.
3. Customer responsibilities
The customer is responsible for its use of the service and, in particular, agrees to:
- Comply with the Meta policies that apply to its channels, including the WhatsApp Business Policy, the WhatsApp Commerce Policy and the Instagram and Messenger terms.
- Have a legal basis to process its contacts’ data and, to send marketing, their prior consent. Never use purchased or rented lists.
- Not send spam or content that is illegal, misleading, impersonates others or infringes third-party rights, and not use the service for activities prohibited by law.
- Publish on its landing pages and sites only its own or authorized content, with no malware or phishing pages.
- Inform its contacts, where the law requires it, that it uses Grower CRM and, if it turns it on, an AI agent to serve them.
4. The artificial intelligence agent
The agent is off by default and only acts if the customer turns it on. The customer decides its instructions, its knowledge base and which actions it may take, and can turn it off for any conversation. AI replies may contain errors: the customer is responsible for reviewing its configuration and for what the agent communicates on its behalf. The agent hands the conversation over to a person at the business when appropriate, and always identifies itself as an AI virtual assistant: the customer can give it a name and a tone, but cannot make it pass as a person.
5. Third-party services
The service connects to third-party services (Meta, AI providers, Amazon Web Services, Zoom, Google and others). Their availability and terms depend on those third parties. BDA is not liable for their outages, API changes, account suspensions or review decisions, although it will take reasonable steps to mitigate them. Any fees Meta charges for WhatsApp conversations are governed by Meta’s terms.
6. Pricing and payment
Paid plans, their prices and billing terms are disclosed before any charge. Unless stated otherwise, payments are non-refundable. If a payment fails, we may limit or suspend the account after notifying the customer.
7. Customer data
The data the customer and its contacts enter into the service belongs to the customer. BDA processes it only to provide the service, as described in the Privacy Policy. The customer may request a copy or the deletion of its data at any time.
8. Acceptable use and suspension
We may suspend or limit an account, or pause its sending, if it breaches these terms, if its email sending exceeds acceptable bounce or complaint levels, if it endangers the security or reputation of the service or of third parties, or if a law or a provider (such as Meta) requires it. We will notify the customer unless that is not possible or is prohibited by law.
9. Term and termination
The customer may stop using the service and request the closure of its account at any time. We may terminate the service for a customer with 30 days’ notice, or immediately for a material breach. After closure, data is handled as described in the Privacy Policy.
10. Intellectual property
The software, brand and materials of Grower CRM belong to BDA or its licensors. The customer receives a non-exclusive, non-transferable right to use the service while its account is active. The customer retains all rights to its content.
11. Warranties
We provide the service with professional care, but it is offered “as is” and “as available”: we do not guarantee that it will be uninterrupted or error-free, or any particular business result.
12. Limitation of liability
To the extent permitted by law, BDA is not liable for indirect damages, lost profits, or loss of data or business opportunities, and its total liability to the customer is limited to the amount the customer paid for the service in the 12 months before the event giving rise to the claim.
13. Indemnification
The customer will indemnify BDA against third-party claims arising from its content, from the messages it sends, or from its breach of these terms or of third-party policies.
14. Governing law
These terms are governed by the laws of the State of New Mexico, United States, and any dispute will be submitted to its competent courts, unless the customer’s consumer protection law provides otherwise.
15. Changes
We may update these terms. For material changes, we will give at least 15 days’ notice in the application or by email. Continuing to use the service after that date means accepting the new version.
16. Contact
BDA LLC · Albuquerque, New Mexico 87110, USA · soporte@growercrm.com