1. Acceptance of terms
These Terms of Service (“Terms”) govern your access to and use of the marketing operations calendar and related services (collectively, the “Service”) provided by The Grid, Inc. (“The Grid”, “we”, “us”). By creating an account, accessing the Service, or by clicking to indicate your acceptance, you agree to be bound by these Terms. If you do not agree, do not use the Service.
If you are entering into these Terms on behalf of a company or other legal entity, you represent that you have authority to bind that entity, and “you” in these Terms refers to that entity.
2. Description of service
The Grid is a business-to-business software-as-a-service marketing operations calendar for direct-to-consumer brands. The Service helps operators plan campaigns, coordinate multi-channel execution, and read attributed signal back from connected channel tools. The Service is observational with respect to your connected channel tools: it reads back performance data and helps you plan, but it does not execute sends, place ads, or otherwise initiate work in those channels.
3. Eligibility and account registration
To use the Service, you must be at least 18 years old and have the legal capacity to enter into a binding contract. You must provide accurate, current, and complete information when you register and keep that information updated.
You are responsible for safeguarding your account credentials and for any activity that occurs under your account. You agree to notify us promptly of any unauthorized use of your account.
4. Acceptable use
You agree that you will not:
- Use the Service for any unlawful purpose or in violation of any applicable law or regulation
- Interfere with or disrupt the Service, our infrastructure, or any network connected to the Service
- Attempt to gain unauthorized access to any portion of the Service, accounts, or systems
- Reverse-engineer, decompile, or attempt to derive source code from the Service, except to the extent expressly permitted by applicable law
- Use the Service to send unsolicited communications or to transmit malicious code
- Scrape, crawl, or otherwise systematically extract data from the Service except via interfaces we expressly provide
- Use the Service to infringe the intellectual property, privacy, or other rights of any third party
- Misrepresent your identity or impersonate any person or entity
We may suspend or terminate accounts that violate these restrictions.
5. Connected channel integrations
The Service ingests data from third-party tools you connect, including but not limited to Meta, Google Ads, Google Analytics, Klaviyo, Postscript, Shopify, Amazon, Recharge, TikTok Ads, Gorgias, and Google Drive. Your use of these third-party services is governed by those services' own terms and privacy policies. You are responsible for maintaining valid credentials and authorizations for each connected tool. We are not responsible for the availability, accuracy, or behavior of any third-party service.
6. Customer data and privacy
You retain ownership of all content, materials, and data you submit to or generate within the Service (“Customer Data”), including campaign content, brief sections, documents, sticky notes, and channel integration data ingested on your behalf.
You grant us a limited, non-exclusive, worldwide, royalty-free license to host, process, transmit, display, and otherwise use Customer Data solely as necessary to provide the Service to you, secure the Service, and comply with our legal obligations.
Our processing of Customer Data that includes personal data is governed by our Privacy Policy, which forms part of these Terms.
7. Intellectual property
The Service, including all software, content (other than Customer Data), design, trademarks, and trade dress, is owned by The Grid or our licensors and is protected by intellectual property and other laws. We grant you a limited, non-exclusive, non-transferable, revocable license to access and use the Service in accordance with these Terms, solely for your own internal business purposes.
Any feedback or suggestions you provide may be used by us without restriction or compensation.
8. Subscription, fees, and payment
The Service is offered on a subscription basis. Subscription tiers, included usage limits, and pricing are described on our pricing page and in any applicable order form. Unless otherwise stated, fees are charged in advance for each billing cycle, are non-refundable except as required by law or as expressly provided in these Terms, and exclude applicable taxes.
We may change our pricing or fees, with notice provided at least 30 days before the change takes effect for your next renewal. Continued use of the Service after a price change constitutes acceptance of the new pricing.
9. Refunds and cancellation
You may cancel your subscription at any time through the Service or by contacting hello@tothegrid.co. Cancellation takes effect at the end of your current billing cycle; you will retain access to the Service through that cycle. Fees already paid for the current billing cycle are non-refundable except where required by law.
10. Service availability
We make reasonable efforts to keep the Service available, but we do not guarantee uninterrupted availability. The Service may be unavailable due to scheduled maintenance, emergency maintenance, or factors outside our reasonable control. We may modify, suspend, or discontinue all or any portion of the Service at any time, with reasonable notice for material changes that adversely affect your use.
11. Confidentiality
Each party may receive information from the other party that is marked confidential or that a reasonable person would understand to be confidential under the circumstances (“Confidential Information”). The receiving party will use the other party's Confidential Information only to perform its obligations under these Terms and will protect it with the same degree of care it uses to protect its own confidential information, but no less than reasonable care.
12. Termination
You may terminate your account at any time as described in Section 9. We may suspend or terminate your access to the Service immediately and without notice if you materially breach these Terms, if your use creates a security or legal risk for us or other operators, or if we are required to do so by law.
Upon termination, your right to access the Service ends. We will make Customer Data available for export for 30 days following termination, after which we may delete it in accordance with our retention practices. Sections that by their nature should survive termination — including ownership, confidentiality, disclaimers, limitations of liability, and indemnification — will survive.
13. Disclaimers
THE SERVICE IS PROVIDED “AS IS” AND “AS AVAILABLE” WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING WITHOUT LIMITATION ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, OR ACCURACY. WE DO NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED, ERROR-FREE, OR FREE OF HARMFUL COMPONENTS, OR THAT ANY DATA OR ANALYSIS PROVIDED WILL BE ACCURATE OR COMPLETE. YOUR RELIANCE ON ANY INFORMATION PROVIDED BY THE SERVICE IS AT YOUR OWN RISK.
14. Limitation of liability
TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT WILL THE GRID OR OUR AFFILIATES, OFFICERS, EMPLOYEES, OR AGENTS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, INCLUDING WITHOUT LIMITATION LOST PROFITS, LOST REVENUE, LOST DATA, OR BUSINESS INTERRUPTION, ARISING OUT OF OR RELATED TO THESE TERMS OR THE SERVICE, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR OTHERWISE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
OUR TOTAL CUMULATIVE LIABILITY ARISING OUT OF OR RELATED TO THESE TERMS OR THE SERVICE WILL NOT EXCEED THE FEES YOU PAID US FOR THE SERVICE IN THE 12 MONTHS PRECEDING THE EVENT GIVING RISE TO THE LIABILITY, OR ONE HUNDRED U.S. DOLLARS (US $100), WHICHEVER IS GREATER.
15. Indemnification
You agree to defend, indemnify, and hold harmless The Grid and our affiliates, officers, employees, and agents from any claims, damages, liabilities, losses, costs, and expenses (including reasonable attorneys' fees) arising out of or related to your Customer Data, your use of the Service in violation of these Terms, or your violation of any law or third-party right.
16. Governing law and dispute resolution
These Terms are governed by and construed in accordance with the laws of the State of Delaware, United States, without regard to its conflict-of-laws principles. Any dispute arising out of or related to these Terms will be brought exclusively in the state or federal courts located in Delaware, and the parties consent to the personal jurisdiction of those courts. The United Nations Convention on Contracts for the International Sale of Goods does not apply.
17. Changes to these terms
We may modify these Terms from time to time. We will notify you of material changes by posting the updated Terms with a new Effective date and, where appropriate, by in-product notification or email. Your continued use of the Service after the updated Terms take effect constitutes your acceptance of the changes.
18. Miscellaneous
These Terms, together with our Privacy Policy and any applicable order forms, constitute the entire agreement between you and The Grid with respect to the Service and supersede any prior or contemporaneous understandings. If any provision is held unenforceable, the remaining provisions will continue in full force. Our failure to enforce any right or provision will not be a waiver of that right or provision. You may not assign or transfer these Terms without our prior written consent; we may assign these Terms in connection with a merger, acquisition, or sale of assets.
19. Contact
For questions about these Terms, contact us at hello@tothegrid.co.