Terms and Conditions of
Growmodo.com
These Terms govern
- the use of this Website, and,
- any other related Agreement or legal relationship with the Owner
in a legally binding way. Capitalized words are defined in the relevant dedicated section of this document.
The User must read this document carefully.
Owner and Data Controller
Growmodo GmbH
Brückenstraße 2
51379 Leverkusen
Germany
Register: Amtsgericht Köln HRB 102275
Represented by: Paul Preisler
Owner contact email: hello@growmodo.com
Types of Data collected
Among the types of Personal Data that this Website collects, by itself or through third parties, there are: Cookies; Usage Data; email address; unique device identifiers for advertising (Google Advertiser ID or IDFA, for example); first name; last name; phone number; profession; company name; website; various types of Data; field of activity; number of employees; Data communicated while using the service; name; device information; calendar information; geographic position; number of Users; session statistics; physical address; country; ZIP/Postal code; city; billing address; house number; Current City; session duration; scroll-to-page interactions; clicks; time zone; mouse movements; interaction events; diagnostic events; page events; custom events; layout details; positional information; language; number of sessions; referral URL; browsing history; page views; answers to questions; contents of the email or message; time the message was received; browser information; geography/region; keypress events; motion sensor events; scroll position; touch events; IP address; job position; job title; work history; job skills; industry; education history; academic background; interests; company size; company revenue; gender; date of birth; contact details.
Complete details on each type of Personal Data collected are provided in the dedicated sections of this privacy policy or by specific explanation texts displayed prior to the Data collection.
Personal Data may be freely provided by the User, or, in case of Usage Data, collected automatically when using this Website.
Unless specified otherwise, all Data requested by this Website is mandatory and failure to provide this Data may make it impossible for this Website to provide its services. In cases where this Website specifically states that some Data is not mandatory, Users are free not to communicate this Data without consequences to the availability or the functioning of the Service.
Users who are uncertain about which Personal Data is mandatory are welcome to contact the Owner.
Any use of Cookies – or of other tracking tools — by this Website or by the owners of third-party services used by this Website serves the purpose of providing the Service required by the User, in addition to any other purposes described in the present document and in the Cookie Policy.
Users are responsible for any third-party Personal Data obtained, published or shared through this Website.
Mode and place of processing the Data
Methods of processing
The Owner takes appropriate security measures to prevent unauthorized access, disclosure, modification, or unauthorized destruction of the Data.
The Data processing is carried out using computers and/or IT enabled tools, following organizational procedures and modes strictly related to the purposes indicated. In addition to the Owner, in some cases, the Data may be accessible to certain types of persons in charge, involved with the operation of this Website (administration, sales, marketing, legal, system administration) or external parties (such as third-party technical service providers, mail carriers, hosting providers, IT companies, communications agencies) appointed, if necessary, as Data Processors by the Owner. The updated list of these parties may be requested from the Owner at any time.
Place
The Data is processed at the Owner's operating offices and in any other places where the parties involved in the processing are located.
Depending on the User's location, data transfers may involve transferring the User's Data to a country other than their own. To find out more about the place of processing of such transferred Data, Users can check the section containing details about the processing of Personal Data.
Retention time
Unless specified otherwise in this document, Personal Data shall be processed and stored for as long as required by the purpose they have been collected for and may be retained for longer due to applicable legal obligation or based on the Users' consent.
The purposes of processing
The Data concerning the User is collected to allow the Owner to provide its Service, comply with its legal obligations, respond to enforcement requests, protect its rights and interests (or those of its Users or third parties), detect any malicious or fraudulent activity, as well as the following: Analytics, Advertising, Remarketing and behavioral targeting, Interaction with external social networks and platforms, Contacting the User, Data transfer outside the EU, Displaying content from external platforms, Handling payments, Hosting and backend infrastructure, Managing data collection and online surveys, Tag Management, User database management, Interaction with data collection platforms and other third parties, Handling activities related to productivity, Backup saving and management, Connecting Data, Information collection, Managing support and contact requests, Platform services and hosting, Traffic optimization and distribution, Registration and authentication provided directly by this Website, Heat mapping and session recording, Interaction with live chat platforms, Spam and bots protection, Managing contacts and sending messages, Managing landing and invitation pages and Managing web conferencing and online telephony.
For specific information about the Personal Data used for each purpose, the User may refer to the section "Detailed information on the processing of Personal Data"
Detailed information on the processing
of Personal Data
Personal Data is collected for the following purposes and using the following services:
Advertising
This type of service allows User Data to be utilized for advertising communication purposes. These communications are displayed in the form of banners and other advertisements on this Website, possibly based on User interests.
This does not mean that all Personal Data are used for this purpose. Information and conditions of use are shown below.
Some of the services listed below may use Trackers for identifying Users, behavioral retargeting i.e. displaying ads tailored to the User's interests and behavior, or to measure ads performance. For more information, please check the privacy policies of the relevant services.
Services of this kind usually offer the possibility to opt out of such tracking. In addition to any opt-out feature offered by any of the services below, Users may learn more on how to generally opt out of interest-based advertising within the dedicated section "How to opt-out of interest-based advertising" in this document.
Meta ads conversion tracking (Meta pixel)
Meta ads conversion tracking (Meta pixel) is an analytics service provided by Meta Platforms, Inc. or by Meta Platforms Ireland Limited, depending on how the Owner manages the Data processing, that connects data from the Meta Audience Network with actions performed on this Website. The Meta pixel tracks conversions that can be attributed to ads on Facebook, Instagram and Meta Audience Network.
Personal Data processed: Trackers; Usage Data.
Place of processing: United States – Privacy Policy – Opt out; Ireland – Privacy Policy – Opt out.
Category of Personal Information collected according to the CCPA: internet or other electronic network activity information.
This processing constitutes:
a Sale in California
Meta Lookalike Audience
Meta Lookalike Audience is an advertising and behavioral targeting service provided by Meta Platforms, Inc. or by Meta Platforms Ireland Limited, depending on how the Owner manages the Data processing, that uses Data collected through Meta's Custom Audience in order to display ads to Users with similar behavior to Users who are already in a Custom Audience list on the basis of their past use of this Website or engagement with relevant content across Meta's apps and services. On the basis of these Data, personalized ads will be shown to Users suggested by Meta Lookalike Audience.
Users can opt out of Meta's use of Trackers for ads personalization by visiting this opt-out page.
Personal Data processed: Cookies; Usage Data.
Place of processing: United States – Privacy Policy – Opt out; Ireland – Privacy Policy – Opt out.
Category of Personal Information collected according to the CCPA: internet or other electronic network activity information.
This processing constitutes:
- a Sale in California
- a Sharing in California
LinkedIn Ads (LinkedIn Ireland Unlimited Company)
LinkedIn Ads is an advertising service provided by LinkedIn Ireland Unlimited Company.
Personal Data processed: Trackers; Usage Data.
Place of processing: Ireland – Privacy Policy – Opt out.
Category of Personal Information collected according to the CCPA: internet or other electronic network activity information.
This processing constitutes:
- a Sale in California
- a Sharing in California
LinkedIn conversion tracking (LinkedIn Insight Tag) (LinkedIn Corporation)
LinkedIn conversion tracking (LinkedIn Insight Tag) is an analytics and behavioral targeting service provided by LinkedIn Corporation that connects data from the LinkedIn advertising network with actions performed on this Website. The LinkedIn Insight Tag tracks conversions that can be attributed to LinkedIn ads and enables to target groups of Users on the base of their past use of this Website.
Users may opt out of behavioral targeting features through their device settings, their LinkedIn account settings or by visiting the AdChoices opt-out page.
Personal Data processed: device information; Trackers; Usage Data.
Place of processing: United States – Privacy Policy – Opt out.
Category of Personal Information collected according to the CCPA: internet or other electronic network activity information.
This processing constitutes:
- a Sale in California
Google Conversion linker (Google Ireland Limited)
Google Conversion linker is an analytics service provided by Google Ireland Limited that connects Data from the Google advertising services with actions performed on this Website. Depending on the setup of the service, such Data might also be used for retargeting purposes.
In order to understand Google's use of Data, consult Google's partner policy.
Personal Data processed: Trackers; Usage Data.
Place of processing: Ireland – Privacy Policy – Opt out.
Category of Personal Information collected according to the CCPA: internet or other electronic network activity information.
LinkedIn Audience Expansion (LinkedIn Ireland Unlimited Company)
LinkedIn Audience Expansion is an advertising service provided by LinkedIn Ireland Unlimited Company that allows the Owner to expand the available target audience by finding Users who have interests, demographics or online behaviour similar to an existing audience selected by the Owner. Users can opt out of LinkedIn's use of personalized advertising by visiting LinkedIn's Ads Settings.
Personal Data processed: Trackers; Usage Data.
Place of processing: Ireland – Privacy Policy – Opt Out.
Category of Personal Information collected according to the CCPA: internet or other electronic network activity information.
What this Website offers
Through this Website, the Owner provides a subscription-based creative production service (“Service”) that enables businesses and agencies to access on-demand design, development, video, automation, and other creative services delivered by vetted professionals and managed by a dedicated project manager.
The Service is intended for business users (B2B) and is not directed at consumers for personal, family or household purposes. Detailed terms for subscription access are set out in a separate subscription agreement concluded between the User and the Owner.
Conditions for registration
Registration on this Website is not required to browse publicly available content. Access to the Service requires the conclusion of a separate written or electronic subscription agreement with the Owner.
By registering or accessing the Service, the User represents and warrants that:
- they are acting in a business or professional capacity and not as a consumer;
- they are at least 18 years of age;
- all registration information provided is accurate, current and complete;
- they will maintain the security of account credentials and promptly notify the Owner of any unauthorized use.
Content on this Website
Unless otherwise specified or clearly recognizable, all content available on this Website is owned or provided by the Owner or its licensors.
The Owner undertakes its best efforts to ensure that the content on this Website does not infringe applicable legal provisions or third-party rights. However, it may not always be possible to achieve such a result. In such cases, Users are invited to notify the Owner at hello@growmodo.com, without prejudice to any legal prerogatives to enforce their rights.
Intellectual property rights
Website content
All intellectual property rights in this Website and its content — including but not limited to text, graphics, logos, images, and software — are owned by or licensed to the Owner. Nothing in these Terms grants any right to use the Owner's trademarks, trade names or other intellectual property without prior written consent.
Service deliverables
Creative deliverables produced by the Owner for a User under a paid subscription agreement are governed by the terms of that agreement, which typically grants the User full ownership upon receipt of payment. In the absence of a specific IP provision in the subscription agreement, the Owner grants the User a perpetual, non-exclusive, royalty-free licence to use such deliverables for business purposes.
User-provided materials
Users retain all intellectual property rights in any content, materials or briefs they submit to the Owner. By submitting such materials, the User grants the Owner a non-exclusive, royalty-free licence to use them solely for the purpose of delivering the Service.
Acceptable use
Users may not use this Website or the Service:
- in any way that violates applicable local, national or international law or regulation;
- to transmit unsolicited commercial communications;
- to infringe any third party's intellectual property, privacy, or other rights;
- to upload or transmit any content that is unlawful, harmful, threatening, abusive, defamatory, obscene or otherwise objectionable;
- to attempt to gain unauthorised access to any part of this Website or its related systems or networks;
- to interfere with or disrupt the integrity or performance of this Website or the Service.
Disclaimer of warranties
This Website is provided on an “as is” and “as available” basis. To the fullest extent permissible under applicable law, the Owner makes no representations or warranties of any kind, express or implied, as to the operation of this Website or the information, content or materials included on it.
The Owner does not warrant that this Website will be uninterrupted, error-free, free of viruses or other harmful components, or that defects will be corrected.
Limitation of liability
To the fullest extent permitted by applicable law, the Owner shall not be liable for any indirect, incidental, special, consequential or punitive damages, or any loss of profits or revenues (whether incurred directly or indirectly), or any loss of data, use, goodwill, or other intangible losses, resulting from:
- the User's use of or inability to use this Website or the Service;
- any unauthorized access to or alteration of User data; or
- any content or conduct of any third party on or through the Service.
Where liability cannot be excluded under applicable mandatory law, the Owner's total aggregate liability shall not exceed the greater of (i) the amount paid by the User for the Service in the three months preceding the event giving rise to the claim, or (ii) €100.
Nothing in these Terms excludes or limits the Owner's liability for death or personal injury caused by its own negligence, fraud or fraudulent misrepresentation, or any other liability that cannot be excluded or limited under applicable mandatory law (including mandatory EU consumer protection rules).
Indemnification
The User agrees to indemnify, defend and hold harmless the Owner and its officers, directors, employees and agents from and against any claims, liabilities, damages, losses and expenses (including reasonable legal fees) arising out of or in connection with: (i) the User's access to or use of this Website or the Service; (ii) the User's breach of these Terms; or (iii) the User's infringement of any third-party right, including any intellectual property right or privacy right.
Contract duration, suspension and termination
These Terms remain in force for as long as the User accesses this Website or uses the Service. Subscription agreements are governed by the specific duration and cancellation terms set out in the applicable subscription agreement.
The Owner reserves the right to suspend or terminate a User's access to this Website or Service at any time and without notice if the User breaches these Terms or engages in conduct the Owner reasonably considers harmful to other Users, third parties, or the Owner's business interests.
Upon termination, all rights and licences granted to the User will immediately cease. Provisions that by their nature should survive termination — including intellectual property rights, disclaimer of warranties, limitation of liability, indemnification, and governing law — shall survive.
Governing law and dispute resolution
Applicable law
These Terms and Conditions are governed by the laws of the Federal Republic of Germany, excluding its conflict-of-law rules. The United Nations Convention on Contracts for the International Sale of Goods (CISG) shall not apply. Mandatory consumer protection provisions of a User's country of residence remain applicable where required by law.
Jurisdiction
Disputes arising from or in connection with these Terms shall be subject to the exclusive jurisdiction of the competent courts in Cologne, Germany, unless mandatory law requires otherwise.
EU Online Dispute Resolution
Pursuant to EU Regulation No. 524/2013, the European Commission has established an Online Dispute Resolution (ODR) platform for consumers, available at: https://ec.europa.eu/consumers/odr.
The Owner's email address for ODR purposes is hello@growmodo.com. As this Website is primarily directed at business users (B2B), the Owner is not obliged to participate in consumer alternative dispute resolution (ADR) procedures but may do so at its discretion.
Changes to these Terms
The Owner reserves the right to amend or otherwise modify these Terms at any time. Users will be appropriately informed of such changes on this page. Changes will only affect the relationship with the User from the date communicated onwards.
Continued use of the Service after the effective date of any changes shall signify acceptance of the revised Terms. If Users do not wish to be bound by the changes, they must stop using the Service and may terminate their subscription agreement in accordance with its terms.
Last updated: June 2025
Severability and entire agreement
Should any provision of these Terms be or become void, invalid or unenforceable, the parties shall use their best efforts to agree in good faith on a valid, enforceable provision that achieves, to the greatest extent possible, the same purposes and economic effects as the replaced provision. The other provisions of these Terms remain unchanged and fully enforceable.
These Terms, together with any applicable subscription agreement and the Privacy Policy referenced herein, constitute the entire agreement between the Owner and the User with respect to the subject matter hereof, and supersede all prior agreements, representations and understandings of the parties.
