Growspera LLC, doing business as Covmont
These Terms of Service (the "Terms") govern your access to and use of the websites, applications, software, platforms, and related services operated or made available by Growspera LLC, doing business as Covmont ("Covmont," "we," "our," or "us"), (collectively, the "Services").
By accessing or using the Services, you agree to be bound by these Terms. If you are using the Services on behalf of a company or other entity, you represent and warrant that you are authorized to accept these Terms on behalf of that entity, and "you" and "your" will refer to that entity.
If you do not agree to these Terms, you may not access or use the Services.
1. Eligibility and Business Use
The Services are intended for business and commercial use in the United States and are not intended for personal, family, or household purposes. By using the Services, you represent and warrant that:
- You are at least 18 years of age and legally able to enter into binding contracts.
- If you are using the Services on behalf of a business or other legal entity, you have full authority to bind that entity to these Terms.
- You will use the Services only for lawful purposes and in compliance with all applicable laws, rules, and regulations.
2. Account Creation, Access, and Authentication
To access certain features of the Services, you may be required to create an account and provide accurate, current, and complete information. You agree to keep your account information up to date and to maintain the confidentiality of your login credentials.
You are responsible for all activities that occur under your account, whether or not authorized by you. You agree to notify us promptly at support@covmont.com if you become aware of any unauthorized access or use of your account.
3. Fees and Payment Obligations
Certain Services may require payment. Applicable fees, billing terms, and payment schedules will be presented when you purchase or subscribe to the Services or set forth in an applicable order form or other written agreement.
You authorize Covmont and its third-party payment processors to charge the payment method you provide for all amounts due. You agree to maintain accurate and current billing and payment information.
Unless otherwise stated in an applicable order form or other written agreement, all fees are payable in U.S. dollars, exclusive of applicable taxes, and non-refundable to the maximum extent permitted by law. You are responsible for applicable taxes, duties, and similar governmental charges, excluding taxes based on Covmont’s net income.
4. Acceptable Use of the Services
You agree not to use the Services in any manner that:
- Violates any applicable law, regulation, or industry rule.
- Infringes or misappropriates any intellectual property, privacy, or other rights of any person or entity.
- Is fraudulent, deceptive, defamatory, harassing, abusive, obscene, or otherwise harmful or unlawful.
- Attempts to gain unauthorized access to the Services, another user’s account, or any associated system or network.
- Introduces malware, malicious code, or other material intended to disrupt, damage, or interfere with the Services.
- Uses automated scripts, scraping, or data-harvesting tools in a manner that interferes with, burdens, or circumvents the Services.
- Attempts to reverse engineer, decompile, or otherwise derive the source code, algorithms, or underlying models of the Services, except to the extent such restrictions are prohibited by law.
5. Intellectual Property Rights
The Services, including their associated software, models, user interfaces, designs, text, graphics, and other materials, are owned by Covmont or its licensors and are protected by intellectual property and other applicable laws.
Subject to your compliance with these Terms, Covmont grants you a limited, non-exclusive, non-transferable, and non-sublicensable right to access and use the Services for your internal business purposes. Covmont and its licensors reserve all rights not expressly granted under these Terms.
You retain ownership of the information, data, content, and materials that you submit, transmit, or otherwise make available through the Services (“Your Content”). You grant Covmont and its service providers the limited rights necessary to host, process, transmit, display, secure, and otherwise use Your Content solely to provide, operate, maintain, and support the Services, comply with applicable law, and fulfill the purposes described in our Privacy Policy.
6. Third-Party Services and External Integrations
The Services may reference, integrate with, or provide access or links to third-party products, services, or websites, including financial institutions, payment processors, analytics tools, and other service providers (collectively, “Third-Party Services”).
Covmont does not control Third-Party Services and is not responsible for their availability, content, security, accuracy, or performance. Your use of Third-Party Services may be subject to the applicable third party’s terms and privacy policies.
To the maximum extent permitted by law, Covmont is not liable for damages or losses arising from your use of or reliance on Third-Party Services.
7. Privacy and Data Practices
Our collection, use, and sharing of personal information in connection with the Services are described in our Privacy Policy and any additional privacy or data notices we provide. Please review these notices to understand our data practices.
8. Security Practices and User Responsibilities
We implement administrative, technical, and organizational safeguards designed to protect the Services and the information we process. However, no security measure is perfect, and we cannot guarantee absolute security.
You are responsible for:
- Maintaining the confidentiality and security of your account credentials.
- Restricting access to your account to authorized users.
- Promptly notifying us of any suspected unauthorized access, security incident, or misuse involving your account.
9. Suspension and Termination
Covmont may suspend, restrict, or terminate your access to all or part of the Services if we reasonably believe that you have violated these Terms, failed to pay amounts when due, created a security or legal risk, or used the Services fraudulently or unlawfully. We may also terminate access if required by law or if we discontinue all or part of the Services. Where reasonably practicable, we will provide notice unless legal, security, or operational circumstances prevent us from doing so.
Upon termination, your right to access and use the affected Services ends. Provisions that by their nature should survive termination—including provisions concerning intellectual property, payment obligations, disclaimers, limitations of liability, indemnification, and dispute resolution—will remain in effect.
10. Disclaimers
TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE SERVICES AND ALL INFORMATION, DATA, RESULTS, AND OTHER MATERIALS MADE AVAILABLE THROUGH THE SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, OR STATUTORY.
WITHOUT LIMITING THE FOREGOING, COVMONT DISCLAIMS ALL IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, QUIET ENJOYMENT, AND NON-INFRINGEMENT, AND ALL WARRANTIES ARISING FROM COURSE OF DEALING OR USAGE OF TRADE.
COVMONT DOES NOT WARRANT THAT THE SERVICES WILL BE UNINTERRUPTED, SECURE, OR ERROR-FREE, OR THAT INFORMATION, DATA, OR RESULTS PROVIDED THROUGH THE SERVICES WILL BE ACCURATE, COMPLETE, CURRENT, OR RELIABLE.
11. Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT WILL COVMONT OR ITS AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, OR LICENSORS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, OR FOR ANY LOSS OF PROFITS, REVENUE, DATA, BUSINESS OPPORTUNITY, OR GOODWILL, ARISING OUT OF OR RELATING TO THE SERVICES OR THESE TERMS, REGARDLESS OF THE LEGAL THEORY AND EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE AGGREGATE LIABILITY OF COVMONT AND THE PARTIES IDENTIFIED ABOVE FOR ALL CLAIMS ARISING OUT OF OR RELATING TO THE SERVICES OR THESE TERMS WILL NOT EXCEED THE GREATER OF: (A) THE AMOUNT YOU PAID TO COVMONT FOR THE SERVICES DURING THE TWELVE MONTHS PRECEDING THE FIRST EVENT GIVING RISE TO THE CLAIM; OR (B) ONE HUNDRED U.S. DOLLARS (USD $100).
12. Indemnification
You agree to defend, indemnify, and hold harmless Covmont and its affiliates, officers, directors, employees, agents, and licensors from and against any third-party claims, liabilities, damages, losses, judgments, and expenses, including reasonable attorneys’ fees, arising out of or relating to:
- Your breach of these Terms.
- Your unlawful, unauthorized, or improper use of the Services.
- Your violation of applicable law.
- Fraud, willful misconduct, or negligence by you or anyone using the Services through your account.
13. Governing Law and Dispute Resolution
13.1 Governing Law
These Terms and any dispute arising out of or relating to the Services will be governed by the laws of the State of New York, without regard to its conflict-of-laws principles. The Federal Arbitration Act will govern the interpretation and enforcement of the arbitration provisions in this Section.
13.2 Agreement to Arbitrate
YOU AND COVMONT AGREE THAT, TO THE FULLEST EXTENT PERMITTED BY LAW, ANY DISPUTE, CLAIM, OR CONTROVERSY ARISING OUT OF OR RELATING TO THESE TERMS OR THE SERVICES (COLLECTIVELY, “DISPUTES”) WILL BE RESOLVED THROUGH BINDING INDIVIDUAL ARBITRATION RATHER THAN IN COURT, EXCEPT AS EXPRESSLY PROVIDED BELOW. BY AGREEING TO ARBITRATION, YOU AND COVMONT WAIVE THE RIGHT TO A TRIAL BEFORE A JUDGE OR JURY.
13.3 Informal Resolution
Before initiating arbitration, the party raising a Dispute must provide the other party with written notice describing the nature of the Dispute, the relevant facts, and the relief requested. Notices to Covmont must be sent to legal@covmont.com. Covmont may send notices to the email address associated with your account or otherwise provided by you. The parties will attempt in good faith to resolve the Dispute informally. If the Dispute is not resolved within thirty days after receipt of the notice, either party may initiate arbitration.
13.4 Arbitration Procedures
Arbitration will be administered by the American Arbitration Association (“AAA”) before a single neutral arbitrator under the AAA Commercial Arbitration Rules and Mediation Procedures in effect when the arbitration is initiated. The arbitration will be conducted in English. The seat of arbitration will be New York County, New York, unless otherwise required by law or agreed to by the parties. Arbitration fees and costs will be allocated according to the applicable AAA rules.
The arbitrator will have authority to resolve disputes concerning the scope, interpretation, or enforceability of this arbitration agreement and may award any individual remedy available under applicable law. Judgment on the arbitration award may be entered in any court having jurisdiction.
13.5 Class Action Waiver
TO THE FULLEST EXTENT PERMITTED BY LAW, YOU AND COVMONT AGREE THAT DISPUTES WILL BE RESOLVED ONLY ON AN INDIVIDUAL BASIS AND NOT THROUGH A CLASS, REPRESENTATIVE, CONSOLIDATED, OR COLLECTIVE ACTION OR AS A PRIVATE ATTORNEY GENERAL.
YOU MAY BRING CLAIMS ONLY ON YOUR OWN BEHALF. THE ARBITRATOR MAY NOT CONSOLIDATE THE CLAIMS OF MULTIPLE PARTIES OR PRESIDE OVER ANY CLASS, REPRESENTATIVE, OR COLLECTIVE PROCEEDING WITHOUT THE WRITTEN CONSENT OF ALL PARTIES.
13.6 Small Claims and Injunctive Relief
Nothing in this Section prevents either party from bringing an individual action in small claims court when jurisdiction and venue are proper.
Nor does this Section prevent either party from seeking temporary or preliminary injunctive relief from a court of competent jurisdiction to protect confidential information, intellectual property rights, or the security and integrity of the Services while arbitration is pending. Seeking such relief does not waive the requirement to arbitrate other Disputes.
14. Modifications to the Terms
Covmont may modify these Terms from time to time to reflect changes to the Services, applicable law, or our business practices. Changes will apply prospectively from the effective date identified in the revised Terms. When we make material changes, we will update the “Last Updated” date and provide reasonable notice through the Services, by email, or through another appropriate method when required by law or reasonably practicable. Changes required to address legal, regulatory, security, or operational concerns may take effect immediately.
Your continued use of the Services after revised Terms become effective constitutes your acceptance of those revisions. If you do not agree to the revised Terms, you must stop using the Services and, where applicable, cancel paid Services in accordance with Section 9. If you have entered into a separate written agreement with Covmont, changes to these Terms will not amend that agreement except as expressly permitted by that agreement.
15. Contact Information
If you have questions about these Terms or the Services, you may contact us at:
Email (Support): support@covmont.com
Email (Legal): legal@covmont.com
16. Entire Agreement
These Terms, together with any applicable order form, any terms expressly incorporated by reference, and any mutually executed written agreement between you and Covmont concerning the Services, constitute the entire agreement between you and Covmont concerning their subject matter. They supersede all prior and contemporaneous agreements, understandings, negotiations, representations, and communications concerning that subject matter, whether written or oral. If a conflict exists, a mutually executed written agreement will control, followed by any applicable order form and then these Terms, unless the applicable document expressly provides otherwise.