These General Terms and Conditions (“GTC”) govern the use of software and services provided by Wellgrow Limited (“Wellgrow”, “we”, or “us”), a Hong Kong-based provider of AI automation software and platform services. By registering for an account, subscribing to any plan, or using Wellgrow’s software, the client (“Client”, “User”, or “you”) agrees to be bound by these terms.
1. Scope and Platform Access
Wellgrow offers AI-powered chat and voice automation tools (“Software”) via subscription through its website https://wellgrow.io (“Platform”). These services are offered to businesses globally. To access the Software, Users must create an account and subscribe to a Service Plan. All services are provided under a SaaS (Software-as-a-Service) model.
2. Subscription & Plans
Users can subscribe to one or more plans detailed on the Wellgrow website. Plans may include Direct Use, Reseller Use, or White Label Use. All plans include specific usage limits. Additional usage will incur charges as outlined in the pricing page.
3. Account Registration and Billing
To subscribe, Users must provide accurate billing details and payment information. Subscriptions automatically renew per the billing cycle. Users may upgrade or downgrade plans; upgrades apply immediately, while downgrades apply in the next billing cycle.
4. Licensing Terms
Wellgrow grants Users a non-exclusive, non-transferable, non-sublicensable license to access and use the Software within their selected plan. White Label and Reseller clients may offer the Software to End Customers under agreed branding and are responsible for customer agreements and compliance.
5. Marketplace and Templates
Users (“Creators”) may publish templates in the Wellgrow Marketplace. Other Users (“Acquirers”) may acquire non-exclusive rights to use templates within their accounts. Wellgrow does not guarantee the accuracy or legal compliance of these templates and is not party to any agreements between Creators and Acquirers.
6. Input & Output Responsibility
Users are solely responsible for all content (“Input”) uploaded into the platform, and any data, text, or media generated by the Software (“Output”). Wellgrow does not guarantee accuracy of Output and will not be liable for how it is used. Users must ensure they have rights to all Input provided.
7. White Labeling & Resale
Users approved for White Label or Reseller tiers may rebrand or resell Wellgrow services to End Customers. All End Customer usage is counted against the User’s usage limits. Users are responsible for all customer support, legal compliance, and payment collection related to their resold services.
8. Third-Party Tools & APIs
Wellgrow integrates with third-party tools (e.g. Stripe, Google, Meta, Twilio). Use of these tools is subject to their own terms. Wellgrow does not guarantee their availability or functionality and is not liable for third-party outages or conduct.
9. Confidentiality & Data Protection
Each party agrees to maintain the confidentiality of proprietary or sensitive information disclosed during the use of the Platform. If personal data is processed, a separate Data Processing Agreement (DPA) will be executed if required by law.
10. Payments & Taxes
Users agree to pay all subscription fees and applicable taxes. Failure to make payments may result in suspension or termination of services. Wellgrow may use payment processors like Stripe, and such transactions are also subject to their terms.
11. Termination
Each party may terminate the Agreement with notice as specified in the subscription plan. Wellgrow may suspend or terminate access immediately for violations of these terms or applicable laws.
12. Limitation of Liability
Wellgrow is not liable for indirect, incidental, or consequential damages. Total liability is limited to fees paid by the User in the past six months. No warranty is given regarding the accuracy, reliability, or fitness of Output for any purpose.
13. Governing Law and Dispute Resolution
These terms are governed by the laws of the Hong Kong SAR. Any disputes arising under or in connection with this Agreement shall be resolved exclusively by the courts of Hong Kong.
14. Amendments
Wellgrow may amend these terms at any time with notice via email or the Platform. Continued use of the Software after the notice period constitutes acceptance of the updated terms.
