Term of Use

Last Updated: May 11, 2026 These Terms of Use are intended for business customers of Hologrow. They should be reviewed by qualified counsel before publication or execution.

1. Definitions

“Affiliate” means any entity that directly or indirectly controls, is controlled by, or is under common control with a Party. “Agreement” means these Terms of Use, any applicable order form, statement of work, service schedule, data processing addendum, and any document expressly incorporated by reference. “Application” means Hologrow Pulse, the web-based software, APIs, dashboards, agents, automations, models, connectors, and related online services made available by Hologrow. “Customer” means the company, organization, or other legal entity that accepts these Terms or enters into an order form with Hologrow, and includes its authorized users. “Customer Data” means data, files, prompts, instructions, records, credentials, configurations, business information, personal information, and other content submitted to or processed through the Application by or on behalf of Customer. “Documentation” means the then-current technical, product, usage, security, or support documentation made available by Hologrow for the Application. “Hologrow”, “we”, “us”, or “our” means HOLOGROW INC, a Delaware corporation, with registered address at 8 The Green, Ste A, Dover, DE 19901. “Services” means the Application and any implementation, configuration, onboarding, consulting, support, hosting, integration, data processing, workflow automation, or other services provided by Hologrow. “Subscription Term” means the period during which Customer is authorized to access and use the Services, as stated in an order form or otherwise agreed by the Parties. “Third-Party Services” means third-party websites, applications, data sources, platforms, APIs, models, cloud services, marketplaces, or integrations that interoperate with or are used in connection with the Services.

2. Scope and Order of Precedence

These Terms of Use govern Customer’s access to and use of Hologrow Pulse and any related Services provided by Hologrow. By accessing the Application, executing an order form, or otherwise using the Services, Customer agrees to be bound by this Agreement. Customer’s purchase orders, vendor terms, online terms, procurement terms, or other standard terms do not apply to the Services and are rejected, even if Hologrow accepts a purchase order or provides Services without objection. If there is a conflict among documents, the following order of precedence applies: (a) a signed order form or master services agreement; (b) a signed statement of work or service schedule; (c) a data processing addendum, if applicable; (d) product-specific terms or Documentation expressly incorporated by reference; and (e) these Terms of Use. If documents at the same priority level conflict, the later-executed or later-published document controls unless it states otherwise.

3. Service Description and Commissioning

Hologrow Pulse is an AI-powered SaaS platform that helps businesses connect data sources, analyze operational, marketing, sales, customer, and product signals, generate insights and recommendations, create alerts, and support workflow automation. The specific Services, subscription plan, usage limits, fees, support commitments, implementation scope, and other commercial terms are specified in the applicable order form, service schedule, statement of work, or in-product plan description. Hologrow is not obligated to provide any feature, deliverable, support level, professional service, custom development, or integration unless expressly agreed in writing. Additional professional services, including implementation, configuration, data migration, training, custom reporting, workflow design, or integration support, will be provided only if expressly agreed. Unless a statement of work states otherwise, such services are provided as services and not as fixed-scope work product with acceptance criteria.

4. Provision, Operation, Support, and Modifications

Hologrow will make the Application available to Customer through web-based access, APIs, or other access methods designated by Hologrow. Hologrow may provide operational notices, security notices, product updates, support communications, and other service-related messages by email, through the Application, or by other reasonable electronic means. Hologrow may update, enhance, modify, suspend, restrict, or discontinue features of the Application from time to time. Hologrow will use commercially reasonable efforts to provide advance notice of material changes that materially reduce core functionality, where practical. If a material modification substantially prevents Customer from using the Application for the core purpose expressly agreed in an active order form, Customer may terminate the affected subscription by written notice within thirty (30) days after the modification becomes effective. Customer’s exclusive remedy for such termination is a pro rata refund of prepaid unused fees for the terminated portion of the Subscription Term. Hologrow may temporarily suspend access to the Services to prevent security risks, protect the Services or other customers, comply with law, address non-payment, or respond to suspected misuse. Hologrow will use reasonable efforts to limit the scope and duration of any suspension.

5. Performance, Hosting, and Dependencies

The place of performance for hosted Services is the location of the cloud infrastructure, data center, or processing environment used by Hologrow or its subprocessors. Implementation dates, launch dates, roadmap estimates, support response targets, and similar timelines are planning estimates unless expressly stated as binding in a signed writing. Customer is responsible for obtaining and maintaining internet access, browsers, devices, systems, permissions, accounts, credentials, and Third-Party Services needed to use the Services. The Services may depend on Third-Party Services, customer-controlled data sources, model providers, cloud providers, commerce platforms, advertising platforms, analytics providers, email service providers, or other external systems. Hologrow is not responsible for failures, delays, data inaccuracies, outages, permission changes, rate limits, policy changes, or other issues caused by Third-Party Services or Customer-controlled systems.

6. Accounts, Authorized Users, and Security

Customer is responsible for all activity under its accounts and for ensuring that its authorized users comply with this Agreement. Customer must keep login credentials, API keys, tokens, and integration credentials confidential and must promptly notify Hologrow at internal@hologrow.ai of any suspected unauthorized access or security incident involving the Services. Customer may not share user accounts except where expressly permitted by the subscription plan or Documentation. Hologrow may require Customer to verify user identity, administrative authority, domain ownership, or integration authorization. Customer is responsible for the accuracy, legality, quality, and integrity of Customer Data and for maintaining backups of business-critical information outside the Services unless otherwise agreed in writing.

7. Intellectual Property and Rights of Use

As between the Parties, Hologrow owns and retains all right, title, and interest in and to the Services, Application, Documentation, software, models, algorithms, workflows, agents, templates, user interfaces, APIs, product designs, know-how, analytics, aggregated statistics, and any improvements, modifications, or derivative works of the foregoing. Subject to Customer’s compliance with this Agreement and payment of applicable fees, Hologrow grants Customer a limited, non-exclusive, non-transferable, non-sublicensable right during the Subscription Term to access and use the Application for Customer’s internal business purposes. Customer retains all right, title, and interest in Customer Data. Customer grants Hologrow and its Affiliates, contractors, subprocessors, and service providers a worldwide, non-exclusive license to host, process, transmit, display, copy, transform, analyze, and otherwise use Customer Data as necessary to provide, secure, support, improve, and operate the Services and as otherwise permitted by this Agreement. Customer may provide feedback, suggestions, ideas, requests, comments, or recommendations regarding the Services. Hologrow may use such feedback without restriction or obligation to Customer, provided that Hologrow does not disclose Customer’s Confidential Information in doing so. Customer may not copy, modify, translate, reverse engineer, decompile, disassemble, scrape, benchmark for competitive purposes, attempt to derive source code or model weights, bypass technical limits, interfere with security controls, or create derivative works of the Services except to the extent such restrictions are prohibited by applicable law. Customer may not use the Services to build or improve a competing product or service, train competing models, or evaluate the Services for competitive analysis without Hologrow’s prior written consent.

8. AI Features, Outputs, and Customer Responsibility

The Services may use artificial intelligence, machine learning, large language models, rules-based automation, retrieval systems, and third-party or Hologrow-operated models to generate analyses, recommendations, summaries, classifications, forecasts, alerts, drafts, or other outputs. AI-generated outputs may be inaccurate, incomplete, duplicative, biased, outdated, or unsuitable for a particular purpose. Customer is responsible for reviewing, validating, and approving outputs before relying on them or using them in business, legal, financial, compliance, employment, marketing, advertising, consumer-facing, or other consequential decisions. The Services do not provide legal, tax, accounting, medical, financial, employment, compliance, or other professional advice. Customer is responsible for obtaining professional advice where appropriate. Customer is solely responsible for decisions, actions, omissions, communications, campaigns, automations, workflows, approvals, and business outcomes based on use of the Services or outputs. Customer must not use the Services to make automated decisions that produce legal or similarly significant effects concerning individuals unless Customer has independently determined that such use complies with all applicable laws and has implemented required notices, consent, review, and appeal mechanisms. Hologrow may use metadata, usage telemetry, system logs, aggregated statistics, de-identified information, and anonymized or aggregated analytics to operate, secure, support, improve, and develop the Services, provided such information does not identify Customer or any individual. Hologrow will not use Customer Data to train generally available foundation models except as expressly permitted in a written agreement, product setting, or data processing addendum.

9. Customer Obligations and Acceptable Use

Customer will use the Services only in accordance with this Agreement, the Documentation, applicable laws, and all third-party platform terms applicable to data, integrations, campaigns, messages, ads, ecommerce stores, or other connected systems. Customer will provide timely cooperation, information, access, credentials, approvals, data, and technical assistance reasonably required for Hologrow to provide the Services. Customer must ensure that Customer Data and Customer’s use of the Services do not violate applicable law, infringe intellectual property or privacy rights, contain malware, bypass consent requirements, breach confidentiality obligations, or violate third-party platform policies. Customer may not use the Services to transmit unlawful, harmful, deceptive, defamatory, harassing, discriminatory, violent, sexually exploitative, infringing, or otherwise abusive content. Customer may not use the Services for spam, phishing, credential harvesting, malware, security attacks, unauthorized surveillance, unlawful profiling, deceptive manipulation, or activities intended to mislead consumers, platforms, regulators, or business counterparties. Customer may not upload sensitive personal information, payment card data, protected health information, government identifiers, children’s data, biometric data, or similarly regulated data unless expressly permitted in writing and supported by an applicable data processing agreement and required safeguards. If Customer’s failure to cooperate or comply with this Agreement prevents or delays performance, Hologrow’s obligations are excused to the extent affected, and Hologrow may charge for additional time or costs caused by the failure.

10. Fees, Billing, and Taxes

Customer will pay all fees stated in the applicable order form, plan, invoice, or other written agreement. Unless otherwise agreed, subscription fees are billed in advance and professional services are billed monthly in arrears or upon completion. All fees are non-cancelable and non-refundable except as expressly stated in this Agreement or the applicable order form. Invoices are due within seven (7) days after the invoice date unless the applicable order form states otherwise. Overdue amounts may accrue interest at the lesser of 1.5% per month or the maximum rate permitted by law. Hologrow may invoice Customer electronically. Customer agrees to receive invoices and billing notices by email or through the Application. Fees exclude taxes, duties, levies, and similar governmental assessments. Customer is responsible for all taxes associated with its purchases, excluding taxes based on Hologrow’s net income. Hologrow may increase recurring subscription fees for renewal terms by giving at least thirty (30) days’ prior notice, unless the applicable order form states otherwise. Customer may not withhold or offset amounts owed to Hologrow unless the offset right is finally adjudicated or expressly agreed in writing by Hologrow.

11. Third-Party Claims and Intellectual Property Infringement

Customer must promptly notify Hologrow in writing if a third party alleges that Customer’s authorized use of the Application infringes that third party’s intellectual property rights. If the Application becomes or, in Hologrow’s opinion, is likely to become the subject of an infringement claim, Hologrow may, at its option: (a) procure the right for Customer to continue using the affected Service; (b) modify or replace the affected Service so it is non-infringing without materially reducing core functionality; or (c) terminate the affected Service and refund prepaid unused fees for the terminated portion of the Subscription Term. Hologrow has no obligation for claims arising from Customer Data, Customer instructions, Customer’s unauthorized use, combinations with non-Hologrow products or services, modifications not made by Hologrow, continued use after Hologrow provides a non-infringing alternative, or Third-Party Services.

12. Confidentiality

Each Party may receive Confidential Information of the other Party. Confidential Information includes non-public business, technical, financial, product, security, pricing, customer, marketing, operational, roadmap, source code, data, and other information that is marked confidential or should reasonably be understood to be confidential given the nature of the information and circumstances of disclosure. The receiving Party may use Confidential Information only to perform or receive Services under this Agreement and may disclose it only to its employees, contractors, professional advisors, Affiliates, service providers, and representatives who need to know it and are bound by confidentiality obligations at least as protective as those in this Agreement. The receiving Party must protect Confidential Information using reasonable care and at least the same degree of care it uses to protect its own similar information. Confidential Information does not include information that the receiving Party can show: (a) is or becomes public through no breach of this Agreement; (b) was lawfully known before disclosure; (c) is received from a third party without breach of duty; or (d) is independently developed without use of or reference to the disclosing Party’s Confidential Information. If legally required to disclose Confidential Information, the receiving Party will, where legally permitted, provide prompt notice and reasonable assistance so the disclosing Party may seek protective treatment.

13. Data Protection and Privacy

Each Party will comply with applicable privacy, data protection, and data security laws in connection with the Services. To the extent Hologrow processes personal information on behalf of Customer, the Parties will enter into a data processing addendum or similar agreement as required by applicable law. Customer is responsible for providing all notices, obtaining all consents, maintaining all lawful bases, honoring user choices, and complying with platform requirements necessary for Hologrow to process Customer Data and operate connected workflows. Hologrow will implement commercially reasonable administrative, technical, and organizational safeguards designed to protect Customer Data against unauthorized access, loss, misuse, or alteration. Customer authorizes Hologrow to use subprocessors and Third-Party Services as necessary to provide the Services. Hologrow remains responsible for its subprocessors’ performance of Hologrow’s obligations under this Agreement, subject to the limitations of liability herein. Customer acknowledges that use of integrations may require Customer Data to be transmitted to or from Third-Party Services, and those Third-Party Services may process data under their own terms and privacy policies.

14. Warranties and Disclaimers

Each Party represents that it has the legal power and authority to enter into this Agreement. Hologrow will provide the Services in a professional and workmanlike manner and will use commercially reasonable efforts to maintain the Application in accordance with the Documentation. Customer must notify Hologrow in writing of any alleged breach of warranty with sufficient detail to reproduce or assess the issue. Hologrow’s sole obligation and Customer’s exclusive remedy for a breach of warranty is for Hologrow to use commercially reasonable efforts to correct the nonconformity or, if Hologrow cannot reasonably do so, terminate the affected Service and refund prepaid unused fees for the affected portion of the Subscription Term. Except as expressly provided in this Agreement, the Services, Application, Documentation, outputs, analytics, beta features, and Third-Party Services are provided ‘as is’ and ‘as available’. To the maximum extent permitted by law, Hologrow disclaims all warranties, whether express, implied, statutory, or otherwise, including warranties of merchantability, fitness for a particular purpose, title, non-infringement, accuracy, uninterrupted operation, error-free operation, and availability. Hologrow does not warrant that the Services or outputs will meet Customer’s requirements, achieve any business result, increase revenue, reduce costs, identify every issue, produce accurate forecasts, or comply with every law, platform policy, or internal policy applicable to Customer. Hologrow does not warrant Third-Party Services and is not responsible for third-party outages, model behavior, platform policy enforcement, data source errors, or integration failures outside Hologrow’s reasonable control.

15. Limitation of Liability

To the maximum extent permitted by law, neither Party will be liable for indirect, incidental, special, consequential, exemplary, punitive, or enhanced damages, or for lost profits, lost revenue, lost business, lost goodwill, lost data, business interruption, or cost of substitute services, even if advised of the possibility of such damages. To the maximum extent permitted by law, Hologrow’s total aggregate liability arising out of or relating to this Agreement will not exceed the amounts paid or payable by Customer to Hologrow for the affected Services during the twelve (12) months immediately preceding the event giving rise to liability. The foregoing liability cap does not limit Customer’s payment obligations, either Party’s liability for breach of confidentiality, either Party’s infringement or misappropriation of the other Party’s intellectual property rights, Customer’s violation of acceptable use restrictions, or liability that cannot be limited under applicable law. The Parties agree that the limitations in this Section are fundamental to the allocation of risk and pricing of the Services and apply regardless of the legal theory of liability.

16. Indemnification

Customer will defend, indemnify, and hold harmless Hologrow and its Affiliates, officers, directors, employees, contractors, and agents from and against any third-party claims, damages, liabilities, costs, and expenses, including reasonable attorneys’ fees, arising from Customer Data, Customer’s use of the Services in violation of this Agreement or law, Customer’s products or services, Customer’s decisions or actions based on outputs, or Customer’s breach of third-party platform terms. Hologrow will defend Customer against any third-party claim alleging that the Application, when used by Customer as authorized under this Agreement, directly infringes a U.S. patent, copyright, or trademark, and will pay damages finally awarded against Customer or agreed in settlement by Hologrow, subject to the exclusions in Section 11. The indemnified Party must promptly notify the indemnifying Party of the claim, provide reasonable cooperation, and allow the indemnifying Party to control the defense and settlement, provided that no settlement may impose non-monetary obligations or admission of fault on the indemnified Party without its prior written consent.

17. Term, Renewal, and Termination

The Agreement begins when Customer first accepts these Terms, accesses the Services, or executes an order form, and continues until all Subscription Terms have expired or been terminated. Subscriptions renew as stated in the applicable order form. If no renewal terms are stated, either Party may elect not to renew by giving written notice at least thirty (30) days before the end of the then-current Subscription Term. Either Party may terminate this Agreement or an affected order form for material breach if the breaching Party fails to cure the breach within thirty (30) days after written notice. Hologrow may terminate or suspend Services immediately for non-payment, security risk, unlawful use, or material violation of acceptable use restrictions. Upon termination or expiration, Customer must stop using the Services, and all access rights terminate. Customer remains responsible for all fees accrued before termination. During the Subscription Term and for a commercially reasonable period thereafter, Hologrow will make Customer Data available for export in a standard format, unless prohibited by law, security requirements, or Customer’s account status. After that period, Hologrow may delete Customer Data in accordance with its retention practices, unless retention is required by law or legitimate business purposes. Sections that by their nature should survive termination will survive, including payment obligations, intellectual property, confidentiality, data protection, disclaimers, limitation of liability, indemnification, termination effects, and general provisions.

18. Publicity

Unless Customer objects in writing, Hologrow may identify Customer as a customer and use Customer’s name and logo in Hologrow’s website, pitch materials, customer lists, and marketing materials. Hologrow will comply with reasonable trademark usage guidelines provided by Customer. Any press release, detailed case study, public quote, or announcement describing the relationship in detail requires the prior written approval of both Parties.

19. Force Majeure

Neither Party will be liable for delay or failure to perform caused by events beyond its reasonable control, including natural disasters, war, terrorism, civil unrest, labor disputes, epidemics, pandemics, governmental actions, internet or telecommunications failures, cloud provider outages, third-party platform outages, power failures, cyberattacks, or other events of similar nature. The affected Party will use commercially reasonable efforts to mitigate the effects of the force majeure event and resume performance as soon as reasonably practicable.

20. Changes to These Terms

Hologrow may update these Terms from time to time. Hologrow will provide notice of material changes by email, in-product notice, website posting, or other reasonable means. Changes will become effective on the date stated in the notice or, if no date is stated, thirty (30) days after notice. Customer’s continued use of the Services after the effective date constitutes acceptance of the updated Terms. Changes to fees, subscription scope, or other commercial terms in an active signed order form will not apply during the then-current Subscription Term unless agreed in writing or expressly permitted by the order form.

21. General Provisions

This Agreement is governed by the laws of the State of Delaware, without regard to conflict-of-law principles. The Parties consent to the exclusive jurisdiction and venue of the state and federal courts located in Delaware for disputes arising out of or relating to this Agreement, except that either Party may seek injunctive or equitable relief in any court of competent jurisdiction. Customer may not assign or transfer this Agreement without Hologrow’s prior written consent, except to a successor in connection with a merger, reorganization, or sale of substantially all assets, provided that the successor is not a competitor of Hologrow and assumes all obligations. Hologrow may assign this Agreement to an Affiliate or in connection with a merger, reorganization, financing, change of control, or sale of substantially all assets. Notices to Hologrow must be sent to HOLOGROW INC at 160 Tasman Dr, Suite 125, San Jose, CA 95134, with a copy by email to internal@hologrow.ai. The Parties are independent contractors. This Agreement does not create a partnership, joint venture, agency, fiduciary relationship, or employment relationship. If any provision is held invalid or unenforceable, the remaining provisions remain in full force, and the invalid provision will be modified to the minimum extent necessary to make it enforceable. A waiver is effective only if in writing and signed by the waiving Party. Failure to enforce a provision is not a waiver. This Agreement constitutes the entire agreement between the Parties regarding the Services and supersedes all prior or contemporaneous agreements, proposals, statements, and understandings regarding the same subject matter.