Terms of Service

These Terms of Service (the “Terms”) are a binding agreement between you and GrowKong Group (“GrowKong,” “we,” “us,” or “our”). They govern your access to and use of our website, the GrowKong creator program, and related services (the “Services”). By creating an account or using the Services, you agree to these Terms and to our Privacy Policy.

Please read Section 15 (Dispute resolution) carefully — it requires most disputes to be resolved by binding arbitration on an individual basis and waives your right to a jury trial and to participate in a class action.

You must be at least 18 years old and able to form a binding contract to use the Services. If you use the Services on behalf of a company or other legal entity, you represent that you are authorised to bind that entity, in which case “you” means that entity. You must not use the Services if you are barred from doing so under applicable law or are located in a sanctioned or embargoed jurisdiction.

GrowKong builds its own products and invites creators to promote them. When you join a project, we give you tracked links, promo codes, and brand materials, and you create and publish content to drive real, verified results — such as registrations and paying users.

• Performance rewards. You may earn rewards for verified results attributed to you, which can include amounts per eligible view, a commission per verified paying user, tier-based rates, and bonuses. The specific rates and rules for each project are shown in the Services and may change on a going-forward basis.
• Tiers. Your rate may depend on your tier (for example, Bronze through Platinum), which is based on your verified performance and standing over time.
• No guarantee. Participation does not guarantee any particular level of earnings, or any earnings at all. Your results depend on your own effort and on factors outside our control.
• Independent contractor. You participate as an independent contractor. Nothing in these Terms creates an employment, partnership, agency, or joint-venture relationship. You are responsible for your own taxes.

You must provide accurate information, keep it up to date, and keep your credentials secure. You are responsible for everything that happens under your account. Do not share your account, create more than one account without our permission, or impersonate anyone. Notify us at support@growkong.com if you suspect unauthorised use.

To receive payouts or where the law requires, you must complete identity verification (KYC) and provide tax documentation. We may suspend rewards or access until verification is complete.

You agree that you will:

• comply with all applicable laws and with the advertising-disclosure rules that apply to you, including clearly disclosing paid or incentivised promotion (for example, using #ad or #sponsored as required by the FTC or your local equivalent); and
• comply with the terms, community guidelines, and policies of every third-party platform on which you post (such as TikTok, Instagram, or YouTube).

You must not:

• generate fake, incentivised, bot, or otherwise invalid traffic, clicks, installs, registrations, or sales; refer yourself; stuff cookies; or otherwise manipulate tracking or attribution;
• buy fake engagement, or use misleading, deceptive, defamatory, or unlawful claims or content;
• post content that is infringing, hateful, harassing, sexually exploitative, or otherwise violates the rights of others or our content standards;
• spam, or contact users in ways that violate anti-spam or telemarketing laws;
• interfere with, probe, or attempt to gain unauthorised access to the Services, or reverse-engineer or scrape them except as permitted by law; or
• use the Services to launder money or evade sanctions.

We may review activity and content and, where we reasonably determine these rules are breached, withhold or reverse rewards, remove content, and suspend or terminate accounts.

Your content

You keep ownership of the content you create and submit (“Your Content”). You grant GrowKong a worldwide, non-exclusive, royalty-free, sublicensable licence to host, store, reproduce, display, distribute, and otherwise use Your Content to operate, promote, and improve the Services and the products you help promote. You represent that you have all rights necessary to grant this licence and that Your Content does not violate the law or anyone’s rights.

Our brand and materials

We grant you a limited, revocable, non-transferable licence to use the brand kits, links, and promotional materials we provide, solely to promote the specific products assigned to you and in line with the applicable brief. All rights in the Services, our products, and our trademarks remain ours. Any goodwill from your use of our brand assets benefits us.

Feedback

If you send us feedback or suggestions, you grant us a perpetual, irrevocable, royalty-free licence to use them without obligation to you.

Rewards are based on results that our systems track and attribute to you through your links, promo codes, and related signals, within the applicable attribution window and rules for each project.

• Our records govern. We determine in good faith which results are valid and qualifying, and our measurement and records are the system of record for calculating rewards.
• Holds and review. Rewards may be held pending review and settlement periods so that results can be validated.
• Reversals and clawbacks. We may reduce, reverse, or claw back rewards tied to refunds, chargebacks, cancellations, duplicate or invalid activity, or fraud, including after a payout has been made, which may create a negative balance.
• Changes. We may change rates, tiers, bonuses, and program rules prospectively; changes do not reduce rewards you have already validly earned and that have settled.

Payouts are processed through third-party payment and identity partners (such as Stripe). To be paid, you must complete their onboarding and verification and keep your payout and tax details accurate.

• minimum payout thresholds, schedules, holds, currencies, and any fees are as described in the Services and may be updated;
• you are responsible for all taxes on your rewards. We may collect tax forms and issue tax documents (such as a 1099) or withhold amounts where required by law;
• if your balance becomes negative (for example, after a clawback), we may offset it against future rewards or seek repayment; and
• we may handle inactive accounts and unclaimed funds as required by applicable unclaimed-property law.

For some projects we may offer an optional phantom-rewards program that lets qualifying creators accrue points tied to a product’s success. Where offered, the following applies:

• the program is optional and discretionary and is governed by a separate written phantom agreement you must accept to take part;
• phantom points are a contractual reward metric only. They are not shares, equity, stock, options, securities, or a promise of any cash amount, and they carry no ownership, voting, or dividend rights unless and until a separate written agreement expressly grants them;
• points are subject to eligibility gates, conditions, forfeiture, and program changes or termination, and their value — if any — is contingent and may be zero; and
• nothing in the program is an offer or sale of securities or investment, financial, legal, or tax advice.

The Services include community and messaging features. You are responsible for what you post, and you agree to follow our community rules and the acceptable-use rules above. We may moderate, remove content, and limit or remove access to these features to keep the community safe. By using the Services you agree to receive service-related communications from us; you can opt out of marketing messages at any time.

The Services rely on and link to third-party services (such as payment providers, sign-in providers, and social platforms). Your use of those services is governed by their own terms, and we are not responsible for them. We are not responsible for the availability, accuracy, or content of third-party services.

You may stop using the Services and close your account at any time. We may suspend or terminate your access, and pause or withhold rewards, if we reasonably believe you have breached these Terms, engaged in fraud or abuse, created risk or legal exposure, or where required by law.

If your account is terminated for fraud or serious breach, unpaid and unsettled rewards associated with the violating activity may be withheld or forfeited. Provisions that by their nature should survive termination (including content licences already granted, payment obligations, disclaimers, limitations of liability, indemnities, and dispute resolution) will survive.

The Services are provided “as is” and “as available,” without warranties of any kind, whether express, implied, or statutory, including implied warranties of merchantability, fitness for a particular purpose, title, and non-infringement. We do not warrant that the Services will be uninterrupted, secure, or error-free, or that any level of results or earnings will be achieved. Some jurisdictions do not allow the exclusion of certain warranties, so some of these exclusions may not apply to you.

To the fullest extent permitted by law, GrowKong Group and its affiliates, officers, employees, and agents will not be liable for any indirect, incidental, special, consequential, exemplary, or punitive damages, or for any loss of profits, revenue, data, or goodwill. Our total liability for all claims relating to the Services will not exceed the greater of (a) the total rewards we paid you in the twelve months before the event giving rise to the claim, or (b) US$100. Some jurisdictions do not allow certain limitations, so parts of this section may not apply to you, and nothing here limits liability that cannot be limited by law.

You agree to indemnify and hold harmless GrowKong Group and its affiliates from and against any claims, damages, liabilities, and expenses (including reasonable legal fees) arising out of or related to Your Content, your use of the Services, your breach of these Terms, your violation of any law or third-party right (including any platform’s rules), or your tax obligations.

These Terms are governed by the laws of the State of Texas, without regard to its conflict-of-laws rules.

Informal resolution

Before starting a formal dispute, please contact us at support@growkong.com so we can try to resolve it. Most concerns can be resolved quickly this way.

Binding arbitration and class-action waiver

Except for disputes that qualify for small-claims court and claims for injunctive relief to protect intellectual property, you and GrowKong agree to resolve any dispute by final and binding arbitration on an individual basis, administered under the rules of a recognised arbitration provider. You and GrowKong waive the right to a jury trial and the right to participate in a class or representative action. You may opt out of this arbitration agreement by emailing support@growkong.com within 30 days of first accepting these Terms.

Consumers in the EEA and UK

If you are a consumer in the EEA or UK, nothing in this section deprives you of the protection of mandatory local law or of your right to bring proceedings in your local courts. The arbitration and class-waiver provisions apply only to the extent permitted by the law that applies to you.

Where arbitration does not apply, the exclusive venue for disputes is the state and federal courts located in Travis County, Texas, and you consent to their jurisdiction.

We may update these Terms from time to time. When we make material changes, we will update the “Last updated” date and, where appropriate, notify you through the Services or by email. Changes take effect when posted (or on the date we state), and your continued use of the Services means you accept the updated Terms.

These Terms and the documents they reference are the entire agreement between you and GrowKong about the Services. If any provision is unenforceable, the rest remains in effect. Our failure to enforce a provision is not a waiver. You may not assign these Terms without our consent; we may assign them, including to an affiliate or in connection with a merger, financing, reorganisation, or the spin-out or sale of a product line. We are not liable for delays or failures caused by events beyond our reasonable control. We may give notices through the Services or by email; you may contact us at the address below.

GrowKong Group
5511 Caprock Summit Dr, Austin, TX 78738, United States
support@growkong.com