Terms of Service

Welcome and Acceptance of Terms

Welcome to Hot & Cold, a Growith company. Hot & Cold is operated by GROWITH LLC, headquartered at 8600 Freeport Pkwy, Ste 130, Irving, TX 75063.

By accessing or using Hot & Cold’s AI automation, ordering, marketing, and shop management solutions (“Services”), you agree to these Terms of Use (“Terms”). If you do not agree, please discontinue use of the Services.

Description of Services

Hot & Cold provides a suite of technology and marketing solutions for beverage and dessert shops, including:

• Online ordering and local delivery platforms
• Branded websites and mobile apps
• AI answering, messaging, and customer engagement tools
• Loyalty and marketing automation
• Analytics, forecasting, and performance dashboards

Hot & Cold may integrate with third-party systems such as payment processors, POS systems, SMS providers, and other retail platforms. By using these integrations, you also agree to their respective terms and policies.

User Conduct & Responsibilities

When using Hot & Cold Services, you agree not to:

• Engage in fraudulent, illegal, or abusive activities.
• Misuse AI tools or generate harmful or deceptive content.
• Interfere with or attempt to disrupt platform operations.
• Violate third-party intellectual property rights.

You are responsible for maintaining accurate account information and securing your login credentials. All activity under your account is your responsibility.

Fees, Billing & Payment

Fees are billed according to Hot & Cold’s pricing plans or contract terms. By subscribing, you authorize Growith to charge your selected payment method for all applicable fees.

All payments are processed securely and in compliance with PCI-DSS standards.

Refunds are handled on a case-by-case basis and require Growith approval.

Intellectual Property

All software, technology, AI models, branding, and platform content are the exclusive property of Growith LLC or its licensors.

Unauthorized copying, resale, or reverse engineering of Hot & Cold technology is strictly prohibited.

No Warranties / Limitation of Liability

Hot & Cold’s Services are provided “as is” and “as available.”

Growith disclaims all warranties, express or implied, including merchantability or fitness for a specific purpose.

Growith is not liable for any indirect, incidental, or consequential damages. Direct liability shall not exceed the amount paid by you for Services in the past three (3) months.

Dispute Resolution

• Arbitration: All disputes arising from these Terms will be resolved through binding arbitration under the Federal Arbitration Act.
• Class Action Waiver: All claims must be brought individually and not as part of a class action.

Termination

Growith reserves the right to suspend or terminate your access to Hot & Cold at any time for violations of these Terms or misuse of the Services.

Governing Law

These Terms are governed by the laws of Texas, United States, Exclusive jurisdiction in courts of in Dallas, Texas.

Modifications

We may update these Terms periodically. The effective date reflects the latest version. Continued use of the Services signifies acceptance of the updated Terms.

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