Terms of Service
The contract between you and PeakCore LLC for aigrow.gg and everything sold on it. It works together with the documents it names, and the short summary below helps you find what matters.
Last updated 27 October 2026.
In short
- These terms are a contract between you and PeakCore LLC, the Wyoming company that runs AIGROW. The Service Terms, the Refund Policy and the Acceptable Use Policy are part of it.
- AIGROW is built for businesses and professionals. You must be 18 or older, and if you sign up for an organisation, these terms bind that organisation.
- Subscriptions renew automatically until you cancel. You can cancel at any time from your dashboard, on the cancellation page or by email, and you are not charged again.
- API credit is sold at a quarter of its face value and spent per token at our own rates. Spent credit is not refunded.
- AI answers change and can be wrong. We measure what models say and do the work we sell, but we never promise a ranking, a mention by an AI assistant, traffic or revenue.
- Our liability is capped at what you paid us for the service concerned in the previous 12 months, or US$100 if that is more, except where the law does not allow a cap.
- Wyoming law governs these terms. Consumers in the EU, EEA, UK and Switzerland keep the protection of their own law and courts, and customers in the United States resolve disputes by individual arbitration unless they opt out.
This summary helps you read the document; the full text below is what applies.
1. Who we are and how these terms work
AIGROW (aigrow.gg) is operated by PeakCore LLC, a Wyoming limited liability company with filing number 2025-001758748 and its registered office at 30 N Gould St Ste R, Sheridan, WY 82801, United States. In these terms, “AIGROW”, “we”, “us” and “our” mean PeakCore LLC, and “you” means the person or organisation that uses the Services.
These terms apply when you visit the site, create an account, use a free tool or scan, buy a plan, API credit or a service, or join the affiliate program. By doing any of these, or by clicking a button that refers to these terms, you accept them. If you do not accept them, do not use the Services.
The documents that form the agreement
These Terms of Service are the master document. The documents below add to them, and together with each order you place they form one agreement (the “Agreement”):
- the Service Terms, with the rules for specific products;
- the Refund Policy, which says when you get money back and how to withdraw from a contract;
- the Acceptable Use Policy, which says what the Services may not be used for;
- the Affiliate Program Terms, if you join the affiliate program; and
- the Data Processing Addendum, if you are a business customer and give us personal data to process for you.
The Privacy Policy and the Cookie Policy explain how we handle personal data and browser storage. They inform you; they are not contract terms.
Order of precedence
If documents conflict, the one higher in this list prevails, and only as far as the conflict goes:
- an order form, proposal or other written agreement signed by both parties;
- the Service Terms for the product concerned;
- the Data Processing Addendum, on the protection of personal data;
- these Terms of Service;
- the other policies.
Mandatory law prevails over all of them. Where a rule in the Agreement conflicts with a right that the law gives you and does not allow a contract to remove, the law applies.
Definitions
- “Services” means the site at aigrow.gg, your account and dashboard, the free tools and scans, the software plans, the AI assistant, the API endpoint and API credit, and the work we do for you.
- “Paid Services” means the Services you pay for, including Subscriptions, API credit, audits, done-for-you services, press releases and custom work.
- “Subscription” means a Paid Service charged again at regular intervals until it is cancelled, such as a software plan, agency client seats, the Blog Growth Engine, Complete AI Visibility or a monthly API credit plan.
- “Content” means anything you, or people using your account, submit to the Services, such as text, prompts, files, business details, questions, data exports, logos and instructions.
- “Customer Data” means your Content and any other data we receive or collect for you when we provide the Services, including personal data about your customers, clients or contacts.
- “Output” means what the Services produce for you, such as scan results, readings, reports, assistant answers, model responses and drafts.
- “Deliverables” means the work we make specifically for you under a done-for-you service or custom work, as described on its product page or in its proposal.
- A “business customer” uses the Services for their trade, business, craft or profession. A “consumer” is an individual acting for purposes outside their trade, business, craft or profession.
- “Working day” means Monday to Friday, except US federal public holidays.
- “Including” means including without limitation.
2. Who may use AIGROW
AIGROW is built and sold for businesses and professionals. You may use the Services only if:
- you are at least 18 years old, or the age of majority where you live if that is higher;
- you can form a binding contract under the law that applies to you; and
- you are not barred from receiving the Services under the sanctions and export rules in the section “General terms”.
If you accept these terms for a company or other organisation, you confirm that you have authority to bind it, and “you” then means that organisation. If you do not have that authority, you are bound personally.
The Services are not for children. We do not knowingly provide an account to anyone under 18, and the site is not directed at anyone under 16. We may close an account that we reasonably believe belongs to someone under 18.
Consumers
Consumers may also buy from us. Where the law of the country you live in gives you rights as a consumer, those rights apply, and nothing in the Agreement limits them. Rules that apply only to consumers, or only to business customers, are marked as such.
Some products are sold for businesses and professionals only, and their pages say so. When you buy one, you confirm that you buy it for your business.
Poland. If you are a natural person running a business, and you conclude a contract with us that is directly connected with your business but is not of a professional nature for you (judged in particular by the business activity in your entry in the Central Register and Information on Economic Activity, CEIDG), you have the protection a consumer has on unfair contract terms and on the right of withdrawal, under Article 385(5) of the Civil Code and Article 38a of the Consumer Rights Act.
3. Your account
You need an account to use the dashboard and most Paid Services. You sign in with your Google account or with a sign-in link we email to you, which expires after 15 minutes.
- Give accurate information and keep your email address up to date. We send important notices there.
- Keep your email account and your Google account secure. Anyone who controls them can sign in to your AIGROW account.
- A login belongs to one person. Do not share it or let anyone else use it.
- You are responsible for everything done through your account and with your API keys, except to the extent it results from our breach of the Agreement.
- If you think someone has used your account without permission, tell us at once at support@aigrow.gg.
We may refuse to open an account or to accept an order for a legitimate reason, for example suspected fraud or abuse, an earlier breach of the Agreement, sanctions, or a request outside what we offer. If we refuse an order after you have paid, we refund it in full.
4. The Services
AIGROW measures how AI assistants describe businesses, helps businesses improve how they are described, and helps them put AI to work. We provide:
- free tools and a free scan of how AI models answer questions about a business;
- software plans that monitor AI answers about your business over time, with an AI assistant and reports;
- the Blog Growth Engine, which drafts and publishes articles for your sites;
- API credit for the AIGROW API endpoint, which gives access to AI models from several providers;
- audits, done-for-you services and press release distribution, each at a fixed price; and
- AI Operations and other custom work under a written proposal.
A Paid Service includes what its product page and its order describe when you buy it. The Service Terms add the rules for each product.
Free tools and scans
Free tools and scans come without charge and without any commitment that they stay available, unchanged or free. We may limit how often you use them, ask you to complete a captcha, or withdraw them at any time. The Agreement, including its disclaimers and limits of liability, applies to them.
Changes to the Services
The Services change as we improve them and as the AI models, platforms and laws they depend on change. We may add, change or remove features, models and integrations for a valid reason, such as improving the Services, keeping them secure, complying with the law, or responding to a change by a provider we rely on. A change never raises the price of a period you have already paid for.
If a change materially reduces a Paid Service during a period you have paid for, we will tell you in advance where we reasonably can. You may then cancel that Paid Service and receive a pro rata refund of the fees for the rest of that period.
Consumers in the EU and EEA. If a change to a digital service has more than a minor negative effect on your access to it or your use of it, we tell you in advance on a durable medium, such as email. You may then end the contract free of charge within 30 days of the notice or of the change, whichever is later, and we refund what you paid for the time after it ends.
Discontinuing a Service
We may stop offering a Service. Before we stop a Paid Service you are paying for, we give you at least 30 days’ notice, unless a cause outside our control, such as a provider withdrawing a model or a change in the law, makes that impossible. We refund the fees for any part of a Paid Service you have paid for and will not receive.
Beta features
A feature labelled beta, preview or early access may be incomplete, may change or be withdrawn without notice, and comes without any commitment on availability or results. Do not rely on it for anything critical.
Availability
We work to keep the Services available, but we do not promise that they will be uninterrupted or free of errors. We may interrupt them for maintenance, updates or security, and causes outside our control may affect them. No service level applies unless a written agreement signed by both parties sets one.
5. Orders and payment
You order a Paid Service through the checkout on the site, or by accepting a written proposal. The contract for that order is formed when your payment succeeds, or when you accept the proposal if it provides for later payment. We confirm orders by email or by giving you access to what you bought.
Payments are processed by Stripe. You enter your card or other payment details on Stripe’s pages, and we do not receive your full card number. Stripe’s own terms may apply to the payment.
By giving a payment method, you confirm that you are allowed to use it, and you authorise us and Stripe to charge it for your order and, for a Subscription, for each renewal until you cancel.
Prices and currency
The price is the one shown at checkout when you order. On the English site, plans and services are charged in US dollars. On the site in other languages, they are charged in euros at the same figures. API credit is always charged in US dollars. Any conversion or foreign transaction fee charged by your bank is yours to pay.
The total shown at checkout is what you pay. If you buy for a business, you account for any tax due in your own country on what you buy.
Obvious errors
If a price or a description is obviously wrong, for example because of a typing or technical error that you could reasonably have noticed, we are not bound by it. We will tell you, and you can either confirm the order on the correct terms or cancel it for a full refund.
Failed payments and chargebacks
If a payment fails, Stripe may try it again. We may suspend or limit the Paid Service concerned until the payment succeeds, and end it if the amount is still unpaid after we have told you. If you dispute a charge with your bank, we may suspend the Paid Service concerned while the dispute is open. Please write to support@aigrow.gg first: most billing problems are solved faster that way.
Receipts and invoices
We send confirmations and receipts by email. For a Subscription, past invoices are available in the billing portal under Manage subscription. If you need an invoice with your business details for another order, write to support@aigrow.gg.
6. Subscriptions and automatic renewal
Subscriptions renew automatically. Each one is charged in advance for its billing period, monthly or yearly as chosen at checkout, and renews at the end of each period for a period of the same length until it is cancelled. By subscribing, you authorise us to charge your payment method at the start of each period at the price then in effect.
How to cancel
You can cancel a Subscription at any time:
- in your dashboard, under Manage subscription;
- on the cancellation page;
- for a monthly API credit plan, also from the link in any plan email; or
- by email to support@aigrow.gg from the address on your account.
Cancellation takes effect at the end of the period already paid. You keep access until then, and you are not charged again. Cancelling does not by itself refund the current period: the Refund Policy says when a payment is refunded. It includes the refund, on request within 14 days, of the first payment for an AIGROW plan, the Blog Growth Engine or Complete AI Visibility. That refund applies once per product, and moving from one AIGROW plan to another does not start it again.
Plan and seat changes
Changes to agency client seats are charged or credited pro rata, as the Service Terms describe. Any other change of plan takes effect, and is charged, as shown when you make it.
Price changes
We may change the price of a Subscription. We tell you by email at least 30 days before the new price applies to you. It applies from your first renewal after those 30 days, and you can cancel before that renewal if you do not accept it. If you do not cancel, the new price applies from that renewal.
Yearly plans
A yearly plan is paid 12 months in advance and renews for another 12 months unless you cancel. Except as the Refund Policy or the law provides, fees for a year that has started are not refunded when you cancel.
Consumer protections on automatic renewal
Consumers in Germany, the Netherlands, Belgium and other countries that limit automatic renewal. Where the law of the country you live in limits the automatic renewal of consumer contracts, this rule applies instead of the renewal rule above: after the initial term, your Subscription continues for an indefinite period, and you can end it at any time with up to one month’s notice. Fees you have paid for any time after it ends are refunded pro rata.
France. If you are a consumer with a yearly Subscription, we send you the reminder that Article L215-1 of the Consumer Code requires, no earlier than three months and no later than one month before the end of the period in which you can refuse the renewal. You can always end your Subscription online on the cancellation page.
Germany. You can end a Subscription with the cancellation button on the cancellation page, as section 312k of the Civil Code (BGB) provides.
United States. Where the law of your state requires it, we show you the renewal terms before you subscribe, remind you before a yearly Subscription renews, and let you cancel online.
7. API credit
API credit pays for requests to the AIGROW API endpoint, which we run ourselves. Buying, redeeming or spending credit means you accept the rules in this section. The API credit page lists the models and their prices.
Face value and price
Credit is counted in US dollars at face value and sold at a quarter of that value: a $25 pack adds $100 of credit. Credit you receive as a monthly plan bonus or as a testimonial reward is counted and spent in the same way.
Credit you buy is delivered as a redemption code to the email address used at checkout. You add it to an account by redeeming the code in API access. Keep the code safe until you redeem it: the account that redeems a code receives its credit.
Monthly credit plans
A monthly credit plan renews every month until it is cancelled and adds the credit for each paid month, with its bonus. The first month arrives as a redemption code, and each later month goes straight to the account that redeemed an earlier one.
You can cancel at any time from the link in any plan email, from API access while signed in with the email address that paid, on the cancellation page or by email to support@aigrow.gg. The plan stops at the end of the month already paid, and credit already added stays on the account that holds it.
How credit is spent
Each request uses credit per token, for input, prompt-cache reads, prompt-cache writes and output, at the credit rates listed in the dashboard for the model you call. A prompt-cache write costs 1.25 times the input rate. Because credit costs a quarter of its face value, you pay a quarter of each credit rate, and the API credit page shows that figure next to the model provider’s list price.
We set these rates ourselves. At the price you pay for credit, no rate costs you more than the model provider’s list price for the same tokens. We meter each request from the usage the model reports, and our usage records are the basis for what is deducted. If you believe a request was metered wrongly, write to support@aigrow.gg with its details and we will check it.
Rate and model changes
We may change the rates and the models offered at any time. The rates that apply are those listed in the dashboard when a request is made, and a change never applies to a request already made. If a model is withdrawn, your credit stays usable on the other models.
Requests we refuse
A request that the endpoint refuses before it reaches the model, for example because a usage limit applies or the model is not offered, is not billed.
Credit is not money
- Credit is a prepaid right to use the endpoint. It is not money, electronic money or a deposit, and it earns no interest.
- Credit cannot be exchanged for cash, sold or moved to another account.
- Spent credit is not refunded.
- Unspent credit you paid for is refunded only as the Refund Policy provides. Credit you received without paying for it, such as a plan bonus or a testimonial reward, has no cash value and is never refunded.
- If we end your access to the API for any reason other than your breach of the Agreement, we refund the unspent credit you paid for.
- If we close an account for a serious breach of the Agreement, the credit on it is forfeited, to the extent the law allows.
API keys
Your API keys are confidential. Keep them secret, and do not put them in public code, web pages or apps that others can inspect. You are responsible for every request made with your keys. We may suspend or replace a key that has been made public or that we reasonably believe someone else is using, and we may suspend a key or an account used in breach of the Agreement or the law.
Model providers
The models are made by other companies, such as Anthropic, OpenAI, Google and xAI. Their names identify their models only. AIGROW is independent and is not affiliated with, endorsed by or sponsored by any of them. Your requests must follow the usage policies of the provider whose model you call, as well as our Acceptable Use Policy.
To answer a request, its content passes through our upstream infrastructure provider to the provider of the model you call. Do not send content you are not allowed to share with them.
No resale
You may call the endpoint from your own products and services. You may not resell, rent, sublicense or share your keys or your credit, or give others direct access to the endpoint, without our written permission.
8. Refunds and the right of withdrawal
The Refund Policy sets out when you get money back, including the 14-day refund of a first payment, the promise behind each fixed-price service and the rules for API credit. Refund promises made for a product in the Service Terms, such as the AI Local Fix count refund, apply as written there.
If you are a consumer living in the EU, the EEA, the UK or Switzerland, you can withdraw from a contract made with us online within 14 days, as the Refund Policy explains. You can do so on the cancellation page, under “Withdraw from a contract here”, or by email to support@aigrow.gg.
When you order a Paid Service, you ask us to start it at once, during the withdrawal period. If you are a consumer, you acknowledge that your right of withdrawal ends once the service has been fully performed, and that if you withdraw after asking us to start, you pay for what we supplied up to the time you withdrew. For API credit, unspent credit is refunded if you withdraw within the 14 days, and spent credit is not.
9. Affiliate program
Any account holder can join the affiliate program and earn commission on customers they refer. The program is governed by the Affiliate Program Terms, which add to these terms, and the affiliate page explains how it works.
Commission is earned and paid only as the Affiliate Program Terms provide. Affiliates act independently: they may not act for AIGROW, bind it or make promises in its name.
10. Acceptable use
You must use the Services lawfully and as the Acceptable Use Policy allows. Among other things, you may not:
- break the law or infringe the rights of others, or use the Services to deceive people, including with fake reviews, fake listings or false claims about a business;
- access or try to access accounts, systems or data without permission, or test the security of the Services except as our security page allows;
- interfere with the Services, overload them, or get around their limits, captchas, metering or security;
- copy, scrape or reverse engineer the Services, except as the law expressly allows, or use them to build a competing service; or
- use the Services to create content that is unlawful or that breaks the usage policies of the model providers.
You are responsible for the use of the Services by anyone you give access to. If we suspect a breach, we may act as the section “Suspension and termination” provides.
11. Your content and data
You keep all rights in your Content and Customer Data. We claim no ownership of them.
You give us a worldwide, non-exclusive, royalty-free licence to host, copy, process, transmit, adapt and display your Content and Customer Data, only as needed to provide, secure and improve the Services and to meet our legal obligations. The licence extends to our service providers, including the providers of the AI models we use, as far as they help us provide the Services. It lasts for as long as we hold the data for these purposes.
You confirm that you have all the rights, permissions and legal grounds needed for your Content and for our use of it under the Agreement, including any notice to, or consent from, the people whose personal data it contains.
Personal data we process for you
When you are a business customer and give us personal data about your customers, clients or contacts to process for you, you are the controller and we are your processor. The Data Processing Addendum applies to that processing and forms part of the Agreement. How we use personal data as a controller is explained in the Privacy Policy.
You can ask for a copy of your data, or for your account and its data to be deleted, by writing to privacy@aigrow.gg. Once an account is closed, we keep data only as the Privacy Policy and the Data Processing Addendum describe.
Output
You may use Output for any lawful purpose, subject to the Agreement and to payment of any fees due. To the extent we have rights in Output produced from your Content, we assign them to you, except for our Materials described in the section “Intellectual property”. Output is not unique: others may receive the same or similar Output, and we do not promise that you can protect it as intellectual property.
Feedback
If you send us ideas, suggestions or feedback, we may use them for any purpose without restriction or payment to you.
Statistics
We may create de-identified, aggregated statistics from the use of the Services and from the results of scans and readings, and use and publish them, for example to report how AI models answer questions in a sector. Statistics we publish do not identify you as a customer and do not contain personal data.
Public scan pages and testimonials
We publish a scan result as a public page only with the consent of the person who ran the scan. If you want a public page about your business taken down, write to support@aigrow.gg.
We publish a testimonial, review or case study that names you only with your consent. When we reward a testimonial, for example with $25 of API credit, the reward is for your honest opinion, good or bad, never for a positive rating, and the reward is disclosed with it. You can withdraw your consent to future use at any time by writing to privacy@aigrow.gg.
12. Intellectual property
We and our licensors own the Services and everything in them other than your Content: the software, the site and its design, texts, tools, methods of scanning and scoring, report formats, data sets, the AIGROW Index and the AIGROW and PeakCore names and logos (our “Materials”). The Agreement transfers no rights in our Materials to you except those it states.
While you comply with the Agreement and pay the fees due, we grant you a limited, non-exclusive, non-transferable and revocable licence to use the Services for your own purposes and, if you are an agency, to serve your clients. Material we publish under a stated open licence may also be used under that licence.
You may not copy, modify, distribute, sell or create derivative works from our Materials, remove our notices, or use our names and logos in a way that suggests we endorse you, except as the Agreement or the law expressly allows.
Deliverables
Once you have paid in full for a done-for-you service or custom work, you own the Deliverables made specifically for you, such as the text of your press release, your answer pages, your structured data and code written for your project, unless the proposal says otherwise. Until then, you may use them only to review the work.
Our pre-existing materials, tools, code libraries, templates, prompts, methods and know-how, and anything we develop that is not specific to you, remain ours, even when used in a Deliverable. Where they form part of a Deliverable, you receive a perpetual, worldwide, non-exclusive licence to use them as part of that Deliverable. Third-party and open-source components remain under their own licences.
Accounts and listings we create for you on third-party sites are set up in your business’s name, and we hand over their logins with the report.
Infringement notices
If you believe that something on the Services infringes your rights, write to legal@aigrow.gg with a description of the work, where it appears and your contact details.
13. Third-party services
The Services work with services run by others, including Google (sign-in, Business Profile, Search Console, Analytics exports and page speed data), business directories and listing sites, Bing Places, Apple Business Connect, Facebook, the providers of AI models, and Stripe for payments.
Those services have their own terms and privacy policies, which apply to your use of them. We do not control them and are not responsible for their availability, content or decisions, such as rejecting or suspending a listing, or for what their models say. If a third party changes or withdraws a service that the Services rely on, we adapt where we reasonably can, but we are not liable for the effects of its change.
Names of companies, models and platforms on the site identify them only. Unless we say so expressly, AIGROW is not affiliated with, endorsed by or sponsored by any of them. Links to other sites are given for convenience, and we are not responsible for their content.
14. Confidentiality
This section applies between us and business customers. The personal data of consumers is protected as the Privacy Policy describes.
“Confidential Information” means non-public information that one party discloses to the other in connection with the Agreement and that is marked as confidential or that a reasonable person would understand to be confidential. It includes your Customer Data and API keys, and our non-public prices, proposals, product plans and security information.
The receiving party will use Confidential Information only to perform the Agreement or use the Services, protect it with at least reasonable care, and disclose it only to its employees, contractors, advisers and service providers who need it for that purpose and are bound by duties of confidentiality at least as protective as these.
These duties do not apply to information that is or becomes public through no fault of the receiving party, that it already knew or developed independently, or that it received lawfully from someone else without a duty of confidentiality. A party may disclose Confidential Information when the law or an authority requires it, after telling the other party where the law allows. These duties continue after the Agreement ends, for as long as the information remains confidential.
15. Disclaimers
To the extent the law allows, the Services and all Output are provided “as is” and “as available”. We disclaim all warranties and conditions not expressly stated in the Agreement, whether express, implied or statutory, including warranties of merchantability, fitness for a particular purpose, title, non-infringement and accuracy, and any warranty arising from a course of dealing or usage of trade. We do not warrant that the Services will be uninterrupted, secure or free of errors, or that they will meet your requirements.
AI output
Many of the Services use machine learning models. Their Output is generated automatically, can be wrong, incomplete, biased or out of date, and can differ each time the same question is asked. Output is not legal, financial, tax, medical or other professional advice. Review it before you rely on it, publish it or act on it.
What our measurements show
Free scans and model probes ask AI models questions through their APIs. They do not reproduce what a person sees in ChatGPT, Gemini or any other consumer app, which can use different settings, memory, location and web search, and they do not establish a ranking in Google, in an AI assistant or anywhere else. Paid monitors ask with web search and record the pages cited, but they also measure a sample: the answers to your saved questions at the time of the reading. A mention rate is a measurement with uncertainty, not a position.
No promised outcomes
AI assistants, search engines and the platforms we work on are run by others and change without notice. We do not promise any ranking, mention, citation, recommendation, review, traffic, lead, sale or revenue. The only refund we tie to a result is the AI Local Fix count refund in the Service Terms, and it is a refund, not a promise of that result.
Data from others
Results based on data from you or from third parties, such as your Google Analytics or Search Console exports, page speed data or public registries, are only as complete and accurate as that data.
Consumers. If you are a consumer, the law gives you rights when a service is not performed with reasonable care and skill, or when digital content or a digital service does not conform to the contract. These disclaimers do not affect those rights.
16. Limitation of liability
To the extent the law allows, we are not liable for any indirect, incidental, special, consequential or exemplary damages, or for any loss of profits, revenue, business, goodwill or anticipated savings, or loss or corruption of data, arising out of or relating to the Agreement or the Services, even if we were told that such loss was possible.
To the extent the law allows, our total liability for all claims arising out of or relating to the Agreement or the Services, on any legal basis, is limited to the greater of: the fees you paid us for the Service giving rise to the claim in the 12 months before the event that caused the liability; or US$100.
Nothing in the Agreement excludes or limits liability for death or personal injury caused by negligence, for fraud or fraudulent misrepresentation, for wilful misconduct or gross negligence, under product liability law, or for anything else that the law does not allow to be excluded or limited.
These limits also protect our officers, employees, contractors and suppliers. They are part of the basis of our prices, which would be higher without them.
Time limit on claims
If you are a business customer, you must bring any claim arising out of or relating to the Agreement within one year after the cause of action arises, to the extent the law allows. After that, the claim is barred.
Germany and Austria. If you are a consumer living in Germany or Austria, or German or Austrian law otherwise applies to your contract, this rule replaces the first two paragraphs of this section. We are liable without limit for intent and gross negligence, for injury to life, body or health, under the Product Liability Act and under any guarantee we have given. For slight negligence, we are liable only for breach of an essential contractual obligation, meaning an obligation whose fulfilment makes the proper performance of the contract possible and on whose fulfilment you may regularly rely, and then only for the foreseeable damage typical for this type of contract.
UK and other European consumers. Unless the note for Germany and Austria applies, we are responsible for loss or damage you suffer that is a foreseeable result of our breach of the Agreement or of our failure to use reasonable care and skill. Because the Services are built for business use, we are not liable to you for loss of profit, loss of business, business interruption or loss of business opportunity.
17. Indemnity
This section applies to business customers only. It does not apply to consumers.
You will defend us, our affiliates and our officers, employees and agents against any claim brought by a third party, and pay the damages, costs and reasonable legal fees that result, to the extent the claim arises from:
- your Content or Customer Data, including material you approve for publication, such as a press release, a listing or a page;
- your use of the Services in breach of the Agreement or the law;
- instructions you give us; or
- work you ordered from us for your clients, if you are an agency, except to the extent the claim results from our breach of the Agreement.
We will tell you promptly about any claim, let you control its defence and settlement, and give you reasonable help at your expense. You may not settle a claim in a way that imposes an obligation or an admission on us without our written consent. We may take part in the defence with lawyers of our choice at our own expense.
18. Suspension and termination
Ending the Agreement yourself
You may stop using the Services at any time. Cancel Subscriptions as the section “Subscriptions and automatic renewal” describes. To close your account and have its data deleted, write to privacy@aigrow.gg.
Suspension
We may suspend all or part of the Services, an API key or an account, without prior notice where that is reasonably necessary, if:
- you materially breach the Agreement or the Acceptable Use Policy;
- a payment is overdue;
- your use creates a security risk, harms others or could make us liable;
- the law, an authority or a provider we rely on requires it; or
- we reasonably suspect fraud or abuse.
Where it is reasonable to do so, we tell you the reason and give you a chance to fix the problem. We lift a suspension once its cause is resolved.
Termination by us
We may end the Agreement, or any Paid Service, for any reason by giving you at least 30 days’ notice, and we then refund the fees you have paid for the time after it ends. We may end it at once by notice if you seriously or repeatedly breach the Agreement, if you fail to pay after we have told you, or if the law requires it.
What happens at the end
- Your right to use the Services that ended stops, and fees already due remain payable.
- If we end a Paid Service without cause, or you end it because of our material breach, we refund the fees paid for the time after it ends. Unspent API credit is refunded as the section “API credit” provides. Otherwise, fees are refunded only as the Refund Policy or the law provides.
- Export what you need before your account closes. After that, we keep Customer Data only as the Privacy Policy and the Data Processing Addendum describe, and we have no duty to keep it for you.
- The sections that by their nature should continue survive the end of the Agreement, including those on payment, API credit, your content, intellectual property, confidentiality, disclaimers, limitation of liability, indemnity, disputes and general terms.
19. Changes to these terms
We may update the Agreement, for example to reflect changes to the Services, to the law or to our business. We publish each new version on the site with the date it last changed.
- For new users, and for users without a paid Subscription, a new version applies from the day it is published. If you do not accept it, stop using the Services.
- If you have a paid Subscription, we tell you by email at least 30 days before a material change applies to you. You may cancel before then. If you keep using the Services after the change takes effect, the new version applies to you.
- Changes required by law, and changes that are not material, such as corrections and clarifications, apply from the day they are published.
We change terms that affect consumers only for a valid reason, such as a change in the law or in the Services. A change never applies to a dispute that arose before it took effect.
20. Governing law and disputes
If you have a problem, write to us first at legal@aigrow.gg. Most disagreements are settled quickly that way.
Governing law
The Agreement and any dispute arising out of or relating to it, including disputes that are not contractual, are governed by the laws of the State of Wyoming and applicable US federal law, without regard to conflict of laws rules. The United Nations Convention on Contracts for the International Sale of Goods does not apply.
Consumers in the EU, EEA, UK and Switzerland
If you are a consumer living in the EU, the EEA, the UK or Switzerland, the choice of Wyoming law does not deprive you of the protection of the mandatory provisions of the law of your country of residence (Article 6 of the Rome I Regulation and the equivalent rules in the UK and Switzerland). You may bring proceedings about the Agreement in the courts of the country where you live, and we may bring proceedings against you only there.
We are neither willing nor obliged to take part in dispute resolution proceedings before a consumer arbitration board (in Germany, a Verbraucherschlichtungsstelle, as section 36 of the Consumer Dispute Resolution Act, VSBG, refers to). If you are a consumer with a complaint, you can write to us first at legal@aigrow.gg.
Business customers outside the United States
If you are a business customer based outside the United States, the state and federal courts located in Wyoming have exclusive jurisdiction over any dispute arising out of or relating to the Agreement, and you submit to their jurisdiction. We may still seek an injunction or other urgent relief in any court that has jurisdiction.
Other consumers outside the United States
If you are a consumer living outside the United States and outside the countries named above, the courts located in Wyoming have jurisdiction, without depriving you of any right your local law gives you to bring proceedings in the courts where you live.
Customers in the United States: arbitration
United States. Please read this part carefully. It requires customers in the United States to resolve disputes with us by binding individual arbitration, and it waives the right to a jury trial and to take part in a class action. You can opt out within 30 days, as explained below.
If you live in the United States, or are a business based there, you and we agree to resolve any dispute, claim or controversy arising out of or relating to the Agreement or the Services (a “Dispute”) by binding individual arbitration, except as stated below. The Federal Arbitration Act governs this agreement to arbitrate.
Informal resolution first. Before starting arbitration, the party with a Dispute must send the other a written notice that describes it and the relief sought: to us at legal@aigrow.gg, and to you at the email address on your account. Both parties will then try in good faith to resolve the Dispute for 60 days after the notice is received. Neither may start arbitration before that period ends, and limitation periods are suspended during it.
Rules, place and fees. The American Arbitration Association (AAA) administers the arbitration under its Consumer Arbitration Rules if you are a consumer, and under its Commercial Arbitration Rules if you are a business, as modified by this section. A single arbitrator decides the Dispute. The arbitration is seated in Wyoming, and hearings may take place by video conference. For consumers, the filing, administrative and arbitrator fees follow the AAA consumer fee schedule. For businesses, the AAA commercial fee schedule applies. Each party pays its own lawyers’ fees unless the law or the arbitrator awards them.
Who decides. The arbitrator decides all questions about the scope, validity and enforceability of this agreement to arbitrate, except that a court decides questions about the class action waiver and the mass filing rule below.
Exceptions. Either party may bring an individual claim in small claims court if the claim qualifies and stays there. Either party may also ask a court for an injunction or other equitable relief to stop the infringement or misappropriation of intellectual property, or the unauthorised use or abuse of the Services.
Class action and jury trial waiver. Disputes are resolved only on an individual basis. Neither you nor we may bring or take part in a class, collective, consolidated or representative action, and the arbitrator may not consolidate claims or award relief to anyone other than the individual party. You and we waive any right to a jury trial. If a court finds this waiver unenforceable for a particular claim or remedy, only that claim or remedy is separated from the arbitration and decided by a court, after the arbitration ends.
Mass filings. If similar demands for arbitration are filed against us by or with the help of the same lawyers or organisations, the AAA administers them in batches of up to 100 demands, with one arbitrator and one set of administrative fees per batch where its rules allow. The parties will cooperate in good faith to implement this, and limitation periods are suspended for each demand while it waits for its batch.
Opting out. You can opt out of this agreement to arbitrate by email to legal@aigrow.gg within 30 days after you first accept these terms. Include your name, the email address of your account and a clear statement that you opt out of arbitration. Opting out does not affect the rest of the Agreement.
If arbitration does not apply. If you opt out, or if this agreement to arbitrate does not apply to a Dispute, the state and federal courts located in Wyoming have exclusive jurisdiction over it, unless the law gives a consumer the right to bring proceedings in the courts of the state where they live. If any part of this agreement to arbitrate other than the class action waiver is found unenforceable, the rest of it still applies.
21. General terms
Entire agreement
The Agreement is the entire agreement between you and us about its subject and replaces any earlier agreement or understanding about it. Terms in your purchase order or other documents do not apply unless both parties accept them in a signed document. Nothing in this paragraph limits liability for fraud.
Severability
If a court finds a provision of the Agreement invalid or unenforceable, that provision applies to the greatest extent the law allows, and the rest of the Agreement remains in force.
Assignment
You may not transfer the Agreement or your rights under it without our written consent. We may transfer the Agreement to an affiliate, to a buyer of all or part of our business, or as part of a merger or reorganisation, and we will tell you if we do. If you are a consumer, a transfer will not reduce your rights. We may use subcontractors and remain responsible for their work.
Events outside our control
Neither party is liable for a delay or failure caused by events beyond its reasonable control, such as outages at model, hosting or payment providers, internet failures, cyberattacks, natural disasters, war, strikes or acts of government. Such events do not excuse a duty to pay.
Notices and electronic communications
We send notices to the email address on your account or show them in your dashboard. A notice by email is given when it is sent. Send legal notices to legal@aigrow.gg, and questions about your account or billing to support@aigrow.gg. You agree to receive contracts, notices, receipts and invoices electronically, and they satisfy any legal requirement that they be in writing.
Sanctions and export control
You confirm that you are not located in, organised under the laws of, or ordinarily resident in a country or region subject to comprehensive US sanctions, and that you are not on, or owned or controlled by anyone on, a US government list of restricted parties. You may not use, export or re-export the Services in breach of US sanctions or export control laws, or of those of other countries that apply. We may refuse or end the Services where needed to comply with these laws.
No waiver
If we do not enforce a right, or delay enforcing it, we have not waived it. A waiver is effective only if it is in writing.
Independent parties
You and we are independent contractors. The Agreement creates no partnership, joint venture, employment, agency or franchise relationship.
No third-party beneficiaries
The Agreement gives no rights to anyone other than you and us, except to the people that the sections “Limitation of liability” and “Indemnity” protect.
Language
The Agreement is written in English. Translations are provided for convenience. If a translation differs from the English version, the English version prevails to the extent the law allows.
22. Specific approval for customers in Italy
If you are a customer in Italy, you declare that you have read the following clauses and, under Articles 1341 and 1342 of the Italian Civil Code, specifically approve them:
- limitation of liability and the time limit on claims (section “Limitation of liability”);
- disclaimers (section “Disclaimers”);
- suspension and termination (section “Suspension and termination”);
- automatic renewal of Subscriptions (section “Subscriptions and automatic renewal”);
- changes to the terms and to the Services (sections “Changes to these terms” and “The Services”);
- governing law, jurisdiction, arbitration and the class action waiver (section “Governing law and disputes”); and
- indemnity (section “Indemnity”).
If you are a consumer, the Italian Consumer Code (Legislative Decree 206 of 6 September 2005) applies in any case, and a clause that the Code treats as unfair does not bind you.
23. Contact
For questions about these terms, write to legal@aigrow.gg.
- Account and billing help, and cancellations: support@aigrow.gg
- Privacy and data requests: privacy@aigrow.gg
- Security vulnerabilities: security@aigrow.gg
- Everything else: hello@aigrow.gg
PeakCore LLC, 30 N Gould St Ste R, Sheridan, WY 82801, United States. More company details are in the legal notice.