These Terms of Service govern your use of cannagrow.digital and set out the general terms on which Cannagrow provides its services. Please read them before using the site or engaging us. If you do not agree with them, do not use the site.
1. Acceptance of these terms
By accessing or using cannagrow.digital (the "Site"), submitting an enquiry, or engaging Cannagrow ("Cannagrow", "we", "us" or "our") for services, you agree to these Terms of Service (the "Terms"). If you are agreeing on behalf of a company or other entity, you represent that you have authority to bind that entity, and "you" refers to that entity.
2. Who may use the site
The Site is intended for business users in the licensed cannabis industry and related sectors. You must be at least 21 years old and legally able to enter into a contract. The Site is not intended for consumers purchasing cannabis products, and nothing on it constitutes an offer to sell cannabis or any controlled substance.
3. Our services
Cannagrow provides technology and growth services to licensed cannabis operators, which may include IT support and managed IT, network and infrastructure work, cybersecurity, surveillance and access control, telephony, ecommerce development, point-of-sale and systems integration, CRM and loyalty engineering, mobile applications, marketing and search services, design, and staffing support.
Descriptions of services on the Site are for general information. They are not an offer, and the scope, deliverables, timelines, service levels and price for any engagement are those set out in a signed proposal, statement of work or service agreement. Certain services, including on-site and field work, may be delivered by qualified subcontractors or partners engaged by us; we remain responsible to you for services delivered under our agreement.
4. Proposals, quotes and agreements
Any estimate, indicative price or timeline given before a signed agreement is non-binding and subject to scoping. Where a signed proposal, statement of work, master services agreement or similar document conflicts with these Terms, that document governs the engagement it describes, and these Terms continue to apply to your use of the Site.
5. Client responsibilities
Where we provide services to you, you agree to:
- Hold and maintain all licences, permits and approvals required for your operations
- Provide accurate, complete and timely information, access, credentials and approvals we reasonably need to perform the services
- Designate a point of contact with authority to give instructions and approve work
- Maintain your own accounts with third-party platforms and pay their fees, unless agreed otherwise in writing
- Ensure any content, data or materials you supply do not infringe third-party rights and comply with applicable law and platform rules
- Review deliverables against your own regulatory obligations before they go live
Delays or additional costs caused by late, incomplete or inaccurate information, or by withheld access or approvals, are not our responsibility and may affect agreed timelines.
6. Fees and payment
Fees, payment schedules and expenses are set out in the applicable agreement. Unless stated otherwise, invoices are payable within the period stated on the invoice, fees exclude applicable taxes, and third-party costs such as software licences, hosting, hardware and advertising spend are passed through or billed separately. We may suspend services on reasonable notice where undisputed invoices remain unpaid, and may charge interest on overdue amounts to the extent permitted by law. Except where the agreement says otherwise, fees paid are non-refundable for work already performed.
7. Intellectual property
Our materials
The Site and its content — text, design, graphics, layout, logos and code — are owned by Cannagrow or its licensors and are protected by intellectual property laws. You may view and print pages for your own internal business use. You may not copy, republish, scrape, resell or create derivative works from the Site without our prior written permission.
Work produced for clients
Ownership of deliverables produced under an engagement is governed by the applicable agreement. As a general position, and subject to that agreement, on full payment you own the custom deliverables created specifically for you, and we retain ownership of our pre-existing materials, tools, frameworks, templates and know-how, together with any improvements to them, and grant you a licence to use those items to the extent embedded in your deliverables. We also retain the right to use general skills, experience and know-how gained in performing the services.
Your materials
You keep ownership of the content, data, trade marks and materials you provide, and grant us a non-exclusive licence to use them as necessary to perform the services. Unless you tell us otherwise in writing, we may identify you as a client and reference the work in our portfolio and marketing.
8. Acceptable use
You agree not to use the Site to: breach any law or regulation; gain unauthorised access to the Site or related systems; probe, scan or test the vulnerability of our infrastructure; introduce malware; scrape or harvest data by automated means without permission; interfere with the Site's normal operation; or submit false, misleading or third-party personal information without authority. We may suspend or block access where we reasonably believe this section has been breached.
9. Third-party platforms
Our services frequently involve third-party platforms — point-of-sale systems, payment providers, hosting, search engines, advertising networks, app stores, hardware vendors and similar. Those platforms are controlled by third parties and are subject to their own terms, pricing, availability, policies and approval decisions. We do not control them and are not responsible for their acts, omissions, outages, price changes, rule changes, rejections, suspensions or terminations, including where these affect your operations or the results of our work.
10. Regulatory and compliance disclaimer
Cannabis is subject to complex and rapidly changing regulation that differs by state and locality, and remains a controlled substance under United States federal law. We design and deliver work with applicable regulatory requirements in mind and will raise compliance concerns we identify, but we are not a regulator, licensing consultant or law firm, and we do not certify, warrant or guarantee that any deliverable, campaign, system or activity complies with any statute, regulation, licence condition or platform policy.
You remain solely responsible for your regulatory compliance, including obtaining and maintaining your licences and for the final review and approval of anything published, deployed or operated on your behalf.
11. No legal or professional advice
Content on the Site, including articles and guidance, is general information only. It is not legal, regulatory, tax, accounting, financial or other professional advice, and should not be relied on as a substitute for advice from a qualified professional familiar with your circumstances.
12. Disclaimer of warranties
The Site and its content are provided "as is" and "as available" without warranties of any kind, whether express, implied or statutory, including any implied warranties of merchantability, fitness for a particular purpose, title, accuracy and non-infringement. We do not warrant that the Site will be uninterrupted, timely, secure or error-free, or that any content is accurate or complete.
We do not guarantee any particular business outcome. Results from technology, marketing, search or growth work depend on many factors outside our control, including your market, pricing, operations, staffing, regulation and third-party platform behaviour. Any examples, projections or past results are illustrative and are not a promise of future performance. Services under an engagement are warranted only as set out in the applicable agreement.
13. Limitation of liability
To the maximum extent permitted by law, Cannagrow and its officers, employees, contractors and agents will not be liable for any indirect, incidental, special, consequential, exemplary or punitive damages, or for any loss of profits, revenue, goodwill, business opportunity, data or anticipated savings, however caused and on any theory of liability, even if advised of the possibility of such damages.
To the maximum extent permitted by law, our total aggregate liability arising out of or relating to these Terms, the Site or our services will not exceed the greater of the amounts you paid to us for the services giving rise to the claim in the twelve months before the event giving rise to liability, or one hundred United States dollars (US$100).
Nothing in these Terms excludes or limits liability that cannot lawfully be excluded or limited, including liability for fraud or fraudulent misrepresentation, or for death or personal injury caused by negligence. Some jurisdictions do not allow certain exclusions or limitations, so parts of this section may not apply to you.
14. Indemnification
You agree to indemnify and hold harmless Cannagrow and its officers, employees, contractors and agents from and against any claims, liabilities, damages, losses and reasonable costs (including legal fees) arising out of or connected with your breach of these Terms or any applicable agreement, your violation of law or third-party rights, the content, data or materials you supply to us, your regulatory or licensing status, or your operation of your business.
15. Confidentiality
Each party may receive non-public information from the other. Each agrees to keep such information confidential, to use it only for the purposes of the engagement, and to protect it with at least reasonable care, except where the information is or becomes public through no fault of the recipient, was already known without obligation of confidence, is independently developed, or must be disclosed by law — in which case the recipient will give notice where lawfully able to do so.
16. Termination
We may suspend or terminate your access to the Site at any time, with or without notice, where we reasonably believe you have breached these Terms or where necessary to protect the Site or other users. Termination of a services engagement is governed by the applicable agreement. Sections which by their nature should survive termination — including intellectual property, disclaimers, limitation of liability, indemnification, confidentiality and governing law — survive.
17. Governing law and disputes
These Terms and any dispute arising out of or relating to them or the Site are governed by the laws of the State of New York, without regard to its conflict of laws rules. You and Cannagrow submit to the exclusive jurisdiction of the state and federal courts located in New York for the resolution of any such dispute, and each party waives any objection to venue in those courts.
Before commencing proceedings, the parties will attempt in good faith to resolve the dispute by discussion between senior representatives. Any claim must be brought within one year after the cause of action arises, to the extent permitted by law. Claims must be brought in an individual capacity and not as part of any class or representative proceeding.
18. Changes to these terms
We may revise these Terms from time to time. The revised version takes effect when posted to the Site and the "Last updated" date will change. Your continued use of the Site after changes are posted means you accept the revised Terms. Changes do not retrospectively alter a signed agreement already in force.
19. General provisions
These Terms, together with any applicable signed agreement and our Privacy Policy, are the entire agreement between you and Cannagrow regarding the Site. If any provision is found unenforceable, it will be modified to the minimum extent necessary and the remaining provisions stay in force. Our failure to enforce a provision is not a waiver of it. You may not assign these Terms without our written consent; we may assign them in connection with a merger, acquisition or sale of assets. Neither party is liable for delay or failure caused by events beyond its reasonable control. Nothing in these Terms creates a partnership, joint venture, agency or employment relationship, and there are no third-party beneficiaries.
20. Contact
Questions about these Terms should be sent to hello@cannagrow.digital.