Terms of Service

Who we are

In these terms, “Orgrowth”, “we”, “us” and “our” mean Orgrowth Limited, a company registered in New Zealand (NZBN 9429053921451), with its registered office at 25a Marewa Road, Hataitai, Wellington 6021, New Zealand. “You” means the person or business using the website or the app.

These terms

Our clients use the Orgrowth app under a separate service agreement with us. Where you have a signed agreement with Orgrowth and it says something different from these terms, the signed agreement prevails. If you are using the app on behalf of a business, you confirm that you are allowed to accept these terms for that business.

The service

The Orgrowth app is an analytics dashboard with content tools. Clients connect their own Instagram professional account, either through the Facebook Page it is linked to or directly with Instagram, and can also add their YouTube channel. The app shows how their content performs and provides reports, insights and tools such as script and content planning, built from that data and the information they give us. The Instagram and Facebook connection is read only.

Clients can also choose to use our optional publishing feature, which posts videos they schedule or approve to their own social accounts through our publishing provider, Zernio. It uses a separate connection the client makes for each account, explained in our Privacy Policy.

The app is available only to our clients and the team members they invite. The website provides information about Orgrowth, free guides and our newsletter.

Accounts and access

• You sign in to the app with a magic link sent to your email address. There is no password, so anyone who can open your email can sign in as you. Keep your email account secure.
• Do not share your sign in links or let other people use your access.
• Tell us straight away at ash@orgrowth.ai if you think someone has accessed your account without permission.
• You are responsible for the team members you invite and for what happens under your account.

Who can use the service

The website and the app are for businesses and adults. You must be at least 16 years old to use them, and at least 18 to accept these terms for a business.

Your content and data

• You own your content and your data, including your posts, captions, analytics and anything you write in or upload to the app.
• You give us permission to access, store, copy and process that content and data only as needed to provide the service to you, as described in our Privacy Policy. This permission ends when the service ends, subject to our deletion timelines.
• You confirm that you own, or are authorised to connect, every account you connect to the app, and that connecting it does not break any agreement you have with anyone else.

AI generated content

• Scripts, carousels, briefs, captions, insights and other content the app generates are written by AI, and are labelled “AI generated” in the app. Our Privacy Policy explains which features use AI and which providers we use.
• AI output can be inaccurate, incomplete or similar to content made for others. Review it, and check facts, claims and rights to any material it refers to, before you publish or rely on it. You are responsible for what you publish.
• As between you and us, you own the output generated for you, and you may use it for your business.
• Do not use the AI features to create content that is unlawful, misleading or harmful. If something you type reads as though you may be in crisis, the app will pause and show support services instead of generating content.

Third party platforms

The app reads data from, and if you use publishing posts to, platforms run by other companies. When you connect an account, that platform’s own terms also apply to you, including the Meta Terms of Service, the Instagram Terms of Use and the YouTube Terms of Service, and for TikTok publishing the TikTok Terms of Service.

Orgrowth is not affiliated with, endorsed by or sponsored by Meta Platforms, Inc., Instagram, Facebook, YouTube, Google or TikTok. Their names are used only to describe the accounts you can connect. These platforms can change or withdraw their data at any time, and we are not responsible for their services or for any data they stop providing.

Acceptable use

When you use the website or the app, you must not:

• Connect an account you are not authorised to connect
• Try to access another client’s account or data
• Copy, scrape, resell or reverse engineer the app, or try to get around its security or access controls
• Overload or interfere with the website or the app
• Use the service for anything unlawful, misleading or harmful
• Upload content that infringes someone else’s rights

We may suspend access if we reasonably believe these rules have been broken.

Our content

The website, the app, our guides and our software belong to Orgrowth or our licensors. You may use them for your own business, but you may not republish or sell them without our written permission.

Availability and changes

We work to keep the website and the app available and accurate, but we do not promise they will always be available, uninterrupted or error free. We may change, add or remove features over time. If a change materially reduces what a client receives under their agreement, we will tell them first.

Fees

The website and our free guides cost nothing. Fees for the Orgrowth app and our services are set out in each client’s service agreement. These terms do not create any fee.

Disconnection and termination

• You can disconnect your Instagram account or Facebook Page at any time, as explained in our Privacy Policy.
• Ending a paid service is governed by your service agreement. Without a signed agreement, either of us can stop at any time by telling the other in writing.
• We may suspend or end access if you seriously breach these terms, or if a platform requires us to.
• When access ends, we delete your connected platform data as described in our Privacy Policy. You can also ask us to delete your account and data at any time from the Account and data page in the app, or by email.

Disclaimers

Analytics, insights and recommendations in the app are based on data supplied by third party platforms and on automated analysis, including AI. They may contain errors or delays, and they are guidance, not a guarantee of any result such as views, followers, leads or revenue. To the extent permitted by law, the website and the app are provided “as is” and without warranties that are not expressly set out in these terms or your service agreement.

Limitation of liability

To the extent permitted by New Zealand law:

• We are not liable for any indirect or consequential loss, or for loss of profits, revenue, data, followers, reach or business opportunity, however it arises.
• Our total liability to you for all claims connected with the website or the app is limited to the fees you paid us for the service in the three months before the event giving rise to the claim, or NZ$100 if you have not paid us anything.
• Nothing in these terms limits liability that cannot be limited by law.

Consumer law

Our service is provided to businesses. Where you acquire it for the purposes of a business, you agree that the Consumer Guarantees Act 1993 does not apply, and that sections 9, 12A and 13 of the Fair Trading Act 1986 do not apply to the extent the law allows parties in trade to contract out of them, which we both agree is fair and reasonable.

Governing law

These terms are governed by the laws of New Zealand, and the courts of New Zealand have exclusive jurisdiction over any dispute about them.

Changes to these terms

We may update these terms from time to time. When we do, we will change the effective date at the top of this page. If the change is significant, we will tell our clients by email before it takes effect. Continuing to use the website or the app after that means you accept the updated terms.

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