Terms of Service | GrowWise

1. Introduction

Welcome to GrowWise ("GrowWise," "we," "us," or "our"), an AI-powered dispensary management platform operated by Monumental Highs LLC, a subsidiary of Black Hills Consortium. GrowWise provides cannabis retail operators with a comprehensive software-as-a-service ("SaaS") platform including point-of-sale, inventory management, compliance tracking, AI-powered business intelligence, and related services. These Terms of Service ("Terms") govern your access to and use of the GrowWise platform, website, APIs, Sage AI assistant, and all related services. By creating an account, accessing, or using GrowWise, you agree to be bound by these Terms.

2. Acceptance of Terms

By accessing or using the GrowWise platform, you represent and warrant that you are at least 21 years of age and have the legal authority to enter into these Terms on behalf of yourself or your organization. If you are using GrowWise on behalf of a company, dispensary, or other legal entity, you represent that you have the authority to bind that entity to these Terms. You acknowledge that the cannabis industry is subject to extensive federal, state, and local regulations, and you are solely responsible for ensuring your use of GrowWise complies with all applicable laws in your jurisdiction. We reserve the right to modify these Terms at any time, and your continued use of the platform constitutes acceptance of any changes.

3. Account Registration and Security

To access GrowWise services, you must create an account and provide accurate, complete, and current information. You are responsible for maintaining the confidentiality of your account credentials, including passwords and API keys. You agree to immediately notify us of any unauthorized access to or use of your account. GrowWise reserves the right to suspend or terminate accounts that violate these Terms, contain inaccurate information, or are used for unlawful purposes. You are responsible for all activities that occur under your account, including actions taken by employees, contractors, or agents who access the platform through your account.

4. Subscription Plans and Payment

GrowWise offers subscription-based access to the platform at various tiers, including Starter, Solo, Growth, Enterprise, and MSO plans. Pricing, features, and limitations for each tier are described on our pricing page and are subject to change with reasonable notice. Subscriptions are billed monthly or annually, as selected during enrollment. You authorize us to charge your designated payment method for all fees incurred under your subscription. Failure to pay may result in suspension or termination of your account. Refunds are issued at our discretion and in accordance with the refund terms specified in your subscription agreement. Free trial periods, if offered, automatically convert to paid subscriptions unless cancelled before the trial expires.

5. Sage AI and Automated Services

GrowWise includes Sage, an AI-powered conversational assistant designed to help manage dispensary operations. Sage provides recommendations, data analysis, compliance monitoring, and operational insights. While Sage is designed to be helpful and accurate, AI-generated outputs are provided for informational purposes only and should not be solely relied upon for critical business, legal, or compliance decisions. You are responsible for verifying all AI-generated recommendations and ensuring compliance with applicable regulations. GrowWise is not liable for any decisions made based on Sage's outputs. AI features are continually improving and may be updated, modified, or removed as part of platform development.

6. API Access and MCP Protocol

GrowWise provides API access and Model Context Protocol (MCP) server functionality for authorized integrations. API access is subject to rate limits, usage quotas, and authentication requirements as specified in our API documentation. You agree to use the API in accordance with our developer guidelines and not to exceed your allocated rate limits. API keys are confidential and must not be shared or exposed publicly. We reserve the right to revoke API access if we determine that usage violates these Terms, threatens platform stability, or poses security risks. Third-party applications that integrate with GrowWise via API are not endorsed by or affiliated with GrowWise unless explicitly stated.

7. Cannabis Industry Compliance

GrowWise provides tools to assist with compliance tracking, including METRC and BioTrack integration, seed-to-sale reporting, purchase limit enforcement, and regulatory reporting features. While GrowWise is designed to support your compliance efforts, we do not guarantee compliance with any specific law, regulation, or licensing requirement. You remain solely responsible for ensuring that your dispensary operations comply with all applicable federal, state, and local cannabis laws and regulations. GrowWise is not a legal or compliance advisory service. Regulatory requirements vary by jurisdiction and are subject to change without notice. You should consult qualified legal counsel for compliance guidance specific to your operations.

8. Service Availability and Uptime

GrowWise strives to maintain high availability and reliable service. However, we do not guarantee uninterrupted access to the platform. The service may be temporarily unavailable due to scheduled maintenance, software updates, hardware failures, third-party service outages, or other factors beyond our control. We will make reasonable efforts to notify users of planned maintenance windows in advance. Critical functions such as point-of-sale operations include offline capabilities where technically feasible. GrowWise shall not be liable for any losses or damages resulting from service interruptions, including lost sales, missed compliance deadlines, or business disruptions.

9. Data Ownership and Portability

You retain ownership of all data you input into the GrowWise platform, including sales records, inventory data, customer information, and operational data. GrowWise is granted a limited license to use your data solely to provide and improve the services. Upon termination of your subscription, you may request an export of your data in standard formats. We will make reasonable efforts to provide data exports within 30 days of request. GrowWise may retain anonymized and aggregated data for analytics, benchmarking, and product improvement purposes. We will not sell your identifiable business data to third parties.

10. Intellectual Property

All intellectual property in the GrowWise platform, including software, algorithms, AI models, designs, documentation, trade secrets, trademarks, and copyrighted materials, is owned by Monumental Highs LLC and Black Hills Consortium. Your subscription provides a limited, non-exclusive, non-transferable license to use the platform in accordance with these Terms. You may not reverse engineer, decompile, disassemble, or attempt to derive the source code of any GrowWise software. You may not sublicense, resell, or redistribute access to the platform without prior written authorization.

11. Disclaimer of Warranties

The GrowWise platform is provided on an "as is" and "as available" basis without warranties of any kind, whether express or implied. We disclaim all warranties, including but not limited to implied warranties of merchantability, fitness for a particular purpose, non-infringement, and any warranties arising from course of dealing or usage of trade. GrowWise does not warrant that the platform will meet all your requirements, operate without interruption, or be free of errors, bugs, or security vulnerabilities. We do not warrant the accuracy or completeness of any data, analytics, or AI-generated content provided through the platform.

12. Limitation of Liability

To the maximum extent permitted by applicable law, GrowWise, Monumental Highs LLC, Black Hills Consortium, and their respective officers, directors, employees, and affiliates shall not be liable for any indirect, incidental, special, consequential, or punitive damages, including lost profits, lost revenue, lost data, business interruption, regulatory fines, or license revocations, arising from your use of or inability to use the platform. Our total aggregate liability for all claims arising from your use of the platform shall not exceed the total fees paid by you to GrowWise during the twelve months immediately preceding the event giving rise to the claim.

13. Termination

Either party may terminate a subscription in accordance with the terms of the applicable subscription agreement. GrowWise reserves the right to suspend or terminate your access to the platform immediately if you violate these Terms, engage in unlawful activity, fail to pay fees, or if your use poses a risk to the platform or other users. Upon termination, your right to access the platform ceases, but obligations that by their nature should survive termination will remain in effect, including provisions related to intellectual property, limitation of liability, and indemnification.

14. Governing Law

These Terms shall be governed by and construed in accordance with the laws of the State of South Dakota, without regard to its conflict of law provisions. Any legal action or proceeding arising under these Terms shall be brought exclusively in the state or federal courts located in Custer County, South Dakota, and you hereby consent to the personal jurisdiction of such courts. Any cause of action or claim you may have must be commenced within one year after the cause of action accrues.

15. Contact Information

If you have any questions about these Terms of Service, please contact us at:

GrowWise — Monumental Highs LLC

A Black Hills Consortium Company

Custer, South Dakota

Email: legal@blackhillsconsortium.org