Terms of Service

1. Who these terms are between

These Terms of Service (“Terms”) are a contract between GrowVenom (“GrowVenom”, “we”, “us”) and the business that creates or uses a GrowVenom workspace (“Customer”, “you”). GrowVenom is offered only to businesses, for business purposes. It is not offered to consumers.

The individual who accepts these Terms confirms that they are at least 18 years old and have authority to bind the Customer. If they do not have that authority, they must not accept these Terms or use GrowVenom. These Terms incorporate the Privacy Policy and the Refund Policy(together, the “Agreement”). If a signed order form conflicts with these Terms, the order form controls for that conflict.

2. The service

GrowVenom provides software for planning, generating, reviewing, approving, publishing and analyzing marketing content, including text, images, video and AI personas with synthetic voices, on social platforms the Customer connects (the “Service”). Plans, features and limits are described on the pricing page or in an order form.

We may change, add or remove features. If we remove a feature that is material to a paid plan, we will give at least 30 days’ notice where practical. Features labelled beta, preview or experimental are provided as-is, may change or end at any time, and are excluded from any service commitment.

3. Accounts and workspaces

The Customer is responsible for all activity in its workspace, for the people it invites, for the roles it assigns, and for keeping credentials secure. Workspace owners control membership, billing, data export and deletion. The Customer must tell us promptly at ak@ablebiolabs.com if it suspects unauthorized access. We recommend enabling multi-factor authentication for every member.

4. Customer content

“Customer Content” means everything the Customer or its users upload, enter or connect, including brand documents, product information, images, logos, fonts, photos and voice recordings of people, briefs and instructions, and data received from connected platforms. As between the parties, the Customer owns Customer Content.

The Customer grants GrowVenom a worldwide, non-exclusive, royalty-free license to host, copy, process, transmit and display Customer Content, and to send it to our service providers, solely to provide, secure and support the Service and as the Customer instructs. We do not use Customer Content to train AI models, and we do not sell it.

The Customer represents and warrants that it has all rights, licenses and consents needed to provide Customer Content to us and for us to process it under the Agreement, including written releases from any real person whose likeness or voice is used (Section 7).

5. AI-generated output

“Output” means the text, images, video, audio and other content the Service generates for the Customer. Output is produced by AI models, including third-party models listed on our sub-processors page. The Customer acknowledges that:

• Output can be inaccurate, incomplete, offensive, or unsuitable for a particular purpose;
• Output may be similar or identical to content generated for others, and GrowVenom does not guarantee it is unique;
• Output may not be protected by copyright or other intellectual property rights in some jurisdictions;
• GrowVenom does not guarantee that Output is accurate, lawful, compliant with any regulation or platform policy, or free of third-party rights; and
• Output is a draft for the Customer to review, edit and approve.

As between the parties, and to the extent GrowVenom has any rights in Output, GrowVenom assigns them to the Customer once the Customer has paid for the Service used to create it. This does not transfer any rights in GrowVenom’s software, templates or models, or in third-party material.

6. Customer responsibility for content, claims and disclosures

The Customer is solely responsible for all content it approves, publishes or otherwise uses, whether generated by the Service or not. In particular, the Customer is responsible for:

• Product and health claims. Making sure every claim is truthful, not misleading, and substantiated by competent and reliable evidence. For dietary supplements, this includes staying within structure/function claims permitted by the Dietary Supplement Health and Education Act, including any required FDA notification and the disclaimer that the statement has not been evaluated by the Food and Drug Administration and that the product is not intended to diagnose, treat, cure or prevent any disease. Output must never be used to make disease, drug or treatment claims for a supplement, food or cosmetic.
• Endorsements and reviews. Complying with the FTC’s Guides Concerning the Use of Endorsements and Testimonials in Advertising and the FTC Rule on the Use of Consumer Reviews and Testimonials. The Customer must not present an AI persona, synthetic voice or generated content as a real customer, a real expert, or a real person’s experience or opinion, and must not publish fake or AI-generated reviews or testimonials.
• Disclosures. Making any disclosure the law or a platform requires, including that content is AI-generated or digitally altered, and any material connection with an endorser.
• Review before publishing. GrowVenom requires a human approval step before content is published. Automated compliance checks, warnings and suggested disclaimers are aids only. They are not legal, regulatory or medical review, they will miss issues, and they do not shift responsibility to GrowVenom.

GrowVenom does not provide legal, regulatory, medical or advertising-compliance advice. The Customer should consult its own qualified advisers.

7. AI personas, likeness and voice

If the Customer creates a persona using the image, likeness or voice of a real person, the Customer must, before uploading any material:

• obtain that person’s signed written release covering the specific intended uses, in a form that meets applicable law;
• obtain any consent required by biometric privacy laws, including the Illinois Biometric Information Privacy Act, Texas and Washington biometric laws, and laws on digital replicas and rights of publicity, and give any notices those laws require;
• keep the release for as long as the persona or any content using it is in use, and for at least three years after; and
• provide a copy of the release to GrowVenom within five business days of our request.

The Customer must not create a persona of a minor, of a public figure or celebrity without their authorization, or of any person who has not consented. The in-app consent attestation records the Customer’s promise; it does not replace the release. We may suspend or delete a persona, and content made with it, if we receive a credible complaint from the person depicted or if the Customer cannot produce a valid release.

8. Connected platforms and third-party services

The Service lets the Customer connect third-party platforms such as Instagram and LinkedIn. The Customer must comply with each platform’s terms and policies, including its rules on branded content, AI labels and automation. Platforms are not our subcontractors, and we are not responsible for their availability, their decisions (such as removing content or restricting an account), or changes to their APIs that affect the Service. The Customer authorizes us to access each connected account and to publish content the Customer approves.

AI models are provided by third parties whose usage policies apply to the Customer’s use of the Service, including the policies of OpenAI, Anthropic, Google, ElevenLabs and the model providers available through fal.ai. If a provider changes or withdraws a model, we may substitute another model with comparable capability.

9. Fees, credits and taxes

• Plans. Paid plans are described on the pricing page and are billed in advance, monthly or yearly, through our payment processor, Stripe. Custom plans may be sold by order form.
• Automatic renewal. Subscriptions renew automatically at the end of each billing period at the then-current price until canceled. The Customer can cancel at any time through the billing portal in workspace settings; cancellation stops future renewals and the Customer keeps access until the end of the period already paid for. We will give at least 30 days’ notice of a price increase, which applies from the next renewal.
• Credits. Generation features consume prepaid credits. Credits have no cash value, are not currency, cannot be transferred, sold or exchanged, are non-refundable, and expire as described in the Refund Policy. The credit cost of an action is shown in the Service before or when it runs and may change with notice. Credits reserved for a job that fails are returned automatically.
• Refunds. Subscription fees and credit purchases are non-refundable, including for partial periods, except as stated in the Refund Policy or required by law.
• Taxes. Fees exclude taxes. The Customer pays all applicable sales, use, VAT and similar taxes, other than taxes on GrowVenom’s income.
• Late payment. If a payment fails, we may suspend generation and publishing features after notice until it is resolved.

10. Acceptable use

The Customer must not use the Service to create or publish content that is unlawful, infringing, deceptive, defamatory, harassing, hateful, sexually explicit, or that depicts minors or real people without consent, and must not: reverse engineer the Service except as law permits; resell or sublicense it without our written agreement; access it by automated means other than features we provide; circumvent credit, rate or usage limits; interfere with its security; or use it to build a competing product.

11. Confidentiality

Each party will protect the other’s non-public information that is marked or reasonably understood to be confidential, using at least reasonable care, and use it only to perform under the Agreement. This does not cover information that is public through no fault of the recipient, already known to it, independently developed, or lawfully received from a third party. A party may disclose confidential information if required by law, after giving notice where legally allowed.

12. Data protection and security

Our handling of personal information is described in the Privacy Policy. To the extent GrowVenom processes personal data on the Customer’s behalf, a data processing addendum agreed with the Customer applies. We maintain reasonable administrative, technical and organizational safeguards designed to protect Customer Content, including per-workspace isolation and encrypted storage of platform tokens.

13. Suspension

We may suspend all or part of the Service, or remove specific content, immediately if we reasonably believe the Customer’s use: breaches Section 7 or 10; creates a security risk; could expose GrowVenom, a platform, a provider or a third party to liability or harm; or is required to be stopped by law, a platform or a provider. We will give notice and, where practical, a chance to fix the issue, and will restore the Service once it is resolved.

14. Term and termination

The Agreement lasts until the Customer’s workspace is deleted or the Agreement is terminated. The Customer can stop using the Service and delete its workspace at any time. Either party may terminate for material breach not cured within 30 days of written notice (or 10 days for non-payment). We may terminate for convenience on 30 days’ notice, in which case we will refund prepaid subscription fees for the unused period and unused purchased credits.

On termination, access ends and unpaid fees become due. A deleted workspace can be restored for 7 days, after which its content is permanently erased as described in the Privacy Policy. The Customer should export its data before deleting. Sections that by their nature should survive (including 4 to 7, 9 for accrued fees, 11, and 15 to 20) survive termination.

15. Disclaimers

EXCEPT AS EXPRESSLY STATED IN THE AGREEMENT, THE SERVICE AND ALL OUTPUT ARE PROVIDED “AS IS” AND “AS AVAILABLE”. TO THE MAXIMUM EXTENT PERMITTED BY LAW, GROWVENOM DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, AND ANY WARRANTY THAT THE SERVICE WILL BE UNINTERRUPTED OR ERROR-FREE, THAT OUTPUT WILL BE ACCURATE, LAWFUL OR COMPLIANT WITH ANY REGULATION OR PLATFORM POLICY, OR THAT CONTENT WILL ACHIEVE ANY PARTICULAR RESULT.

16. Limitation of liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW: (A) NEITHER PARTY IS LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, OR FOR LOST PROFITS, REVENUE, GOODWILL OR DATA, EVEN IF ADVISED OF THEIR POSSIBILITY; AND (B) EACH PARTY’S TOTAL LIABILITY ARISING OUT OF OR RELATING TO THE AGREEMENT WILL NOT EXCEED THE GREATER OF THE FEES PAID BY THE CUSTOMER TO GROWVENOM IN THE 12 MONTHS BEFORE THE EVENT GIVING RISE TO THE CLAIM AND US$100.

These limits do not apply to the Customer’s payment obligations, the Customer’s obligations under Sections 6, 7 and 17, either party’s breach of Section 11, or liability that cannot be limited by law.

17. Indemnity

The Customer will defend GrowVenom, its affiliates and their personnel against any third-party claim, investigation or regulatory action, and pay resulting damages, fines, settlements and reasonable legal fees, to the extent it arises from: (a) Customer Content; (b) content the Customer approved, published or used; (c) product, health or advertising claims, endorsements or disclosures in that content; (d) the use of any person’s likeness or voice, including any lack of a valid release or biometric consent; (e) the Customer’s breach of the Agreement, a platform’s terms or the law. GrowVenom will give prompt notice of the claim, reasonable cooperation at the Customer’s expense, and control of the defense, but the Customer may not settle a claim that imposes obligations on GrowVenom without our consent.

18. Governing law and disputes

The Agreement is governed by the laws of the State of Texas, without regard to conflict-of-laws rules. The state and federal courts located in Dallas County, Texas, have exclusive jurisdiction, and each party consents to them. Before filing a claim, a party will first try in good faith to resolve the dispute by notice and discussion for 30 days. Claims must be brought individually and not as a plaintiff or class member in any class or representative proceeding. Either party may seek injunctive relief in any competent court to protect its intellectual property or confidential information.

19. Changes to these Terms

We may update these Terms. For material changes we will give at least 30 days’ notice by email or in the Service, and may ask the Customer to accept the new version. Changes do not apply retroactively to disputes arising before they take effect. If the Customer does not agree, it may cancel before the change takes effect; continued use after that date means acceptance.

20. General

• Assignment. Neither party may assign the Agreement without the other’s consent, except to a successor in a merger, acquisition or sale of substantially all related assets, with notice.
• Force majeure. Neither party is liable for delay or failure caused by events beyond its reasonable control, including platform or AI-provider outages, other than payment obligations.
• Feedback. We may use suggestions and feedback without obligation.
• Publicity. We will not use the Customer’s name or logo in marketing without its written consent.
• Export and sanctions. The Customer will not use the Service in violation of US export control or sanctions laws, or from a comprehensively sanctioned country.
• Notices. We send notices to the workspace owner’s email. Notices to us go to ak@ablebiolabs.com.
• Entire agreement. The Agreement is the entire agreement on its subject and supersedes prior agreements. Purchase-order terms do not apply. If a provision is unenforceable, the rest remains in effect. A failure to enforce is not a waiver. The parties are independent contractors.

21. Contact

GrowVenom, 3000 Pegasus Park, Ste 1330, Dallas, TX 75237. Email: ak@ablebiolabs.com.