Effective Date of Current Version: 08 May 2025

THESE GROWBIG AI ADDITIONAL TERMS (“GROWBIG AI TERMS”) APPLY TO YOUR USE OF OUR GROWBIG AI INTERACTIVE FEATURE (“GROWBIG AI”).   THESE GROWBIG AI TERMS ARE GOVERNED BY AND SUBJECT TO, ALL TERMS AND CONDITIONS OF OUR BIG WEBSITE TERMS OF USE (OUR “WEBSITE TERMS”) AND BECOME PART OF THE WEBSITE TERMS.

YOUR REGISTRATION TO ACCESS GROWBIG AI CONSTITUTES YOUR AGREEMENT TO BE BOUND BY THESE ADDITIONAL TERMS.  BECAUSE THESE ADDITIONAL TERMS ARE PART OF THE OVERALL WEBSITE TERMS, YOUR REGISTRATION TO ACCESS GROWBIG AI ALSO CONSTITUTES YOUR ACKNOWLEDGMENT THAT YOU HAVE READ AND AGREE TO THE MOST-CURRENT VERSION OF OUR BIG WEBSITE TERMS OF USE IN EFFECT AS OF THE DATE YOU AGREE TO THESE ADDITIONAL TERMS.

ALL OF THE WEBSITE TERMS APPLY TO YOUR USE OF GROWBIG AI, IN ADDITION TO THESE ADDITIONAL TERMS.  HOWEVER, IN THE EVENT OF ANY CONFLICT BETWEEN THESE ADDITIONAL TERMS AND THE REMAINDER OF THE WEBSITE TERMS, THESE ADDITIONAL TERMS WILL CONTROL, BUT ONLY WITH RESPECT TO YOUR ACCESS TO AND USE OF GROWBIG AI.

IF YOU DO NOT AGREE TO THESE ADDITIONAL TERMS, YOU MAY NOT REGISTER FOR, OR ACCESS, OR USE, GROWBIG AI.

Any capitalized terms used, but not defined, in these GrowBIG AI Terms have the SAME meaning given to them in the Website Terms.

Changes to the GrowBIG AI Terms
We may revise and update these GrowBIG AI Terms from time to time in our sole discretion. In such case, we will provide notice of such changes (either on the Website or to the contact information you have given us through the Website).  Changes become effective when posted (unless we specify a different, later effective date), and apply on a prospective basis only to all access to and use of GrowBIG AI thereafter.  Your continued use of GrowBIG AI following the effective date of revised GrowBIG AI Terms means that you accept and agree to the changes.

Use of GrowBIG AI Is at Your Own Risk
ANY AND ALL USE OF GROWBIG AI OR ANY RESPONSES IS SOLELY AT YOUR OWN RISK.  

GrowBIG AI is an interactive functionality that utilizes artificial intelligence functionality that provide responsive information (“Responses”) to queries or prompts that you submit to GrowBIG AI (“Prompts”).  GrowBIG AI is provided solely for general information or entertainment purposes, and you acknowledge and agree that:

• you are solely responsible for the creation and quality of Prompts;
• we do not warrant the quality, availability, accuracy, completeness, or usefulness of GrowBIG AI or any statements, representations, or information contained in a Response;
• you should not rely on GrowBIG AI or any statements, representations, or information contained in a Response for any purpose, including but not limited to decision-making, personal, financial, medical or legal matters; and
• we will have no responsibility or liability arising from, or in connection with, any reliance you may place on GrowBIG AI or any statements, representations, or information contained in a Response, and any such reliance by you is strictly at your own risk.

GrowBIG AI is for Registered Users Only
Currently, GrowBIG AI is available only to permitted users who have registered with us to access GrowBIG AI and have agreed to these GrowBIG AI Terms. You acknowledge that the permission we give you to access and use GrowBIG AI is personal to you as a registered user and is for your personal, non-commercial use only.  You may not allow any other person or entity to access GrowBIG AI using your username, password, or other security information, and you may not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store, or transmit any Responses without our prior consent in writing.

Delphi AI Inc.’s Use of Your Information
Certain features or functionalities of GrowBIG AI are performed or provided by a third-party service provider named Delphi AI Inc. (“Delphi AI”).  When you use GrowBIG AI, certain of your information (including Prompts) will be shared with, or collected directly by, Delphi AI.  Delphi AI’s collection, use, or sharing of such information is governed solely by Delphi AI’s Privacy Policy. While our use of your information remains subject to our own Privacy Policy, you acknowledge that we have no control over the data collection practices, privacy practices, or data security practices of Delphi AI, and you agree that we will have no responsibility or liability under Delphi AI’s Privacy Policy or for any loss or damage that may arise out of or in connection with Delphi AI’s collection, use, or sharing of your information.  We are not a party to Delphi AI’s Privacy Policy, and Delphi AI’s Privacy Policy is not part of these Additional Terms or the Website Terms between you and us.

Ownership and Usage; Prompts and Responses
You agree that we or our licensors own all rights to GrowBIG AI and to all Responses and, except as specified otherwise in these GrowBIG AI Terms, your use of GrowBIG AI and Responses is subject to the same limitations as specified for our proprietary materials elsewhere in the Website Terms.  We do not claim any ownership of your Prompts; however, you agree that we will have the same rights to use such Prompts as you grant to us with respect to other User Content under the Website Terms.

Availability of GrowBIG AI; No Warranties
We reserve the right to discontinue, withdraw, or amend GrowBIG AI, and any content and/or functionality we offer or make available on or through GrowBIG AI, in our sole discretion without notice.  GROWBIG AI IS PROVIDED STRICTLY ON AN “AS IS”, “WITH ALL FLAWS”, AND “AS AVAILABLE” BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED.  TO THE FULLEST EXTENT PROVIDED BY LAW, BIG HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT, AND FITNESS FOR A PARTICULAR PURPOSE.  THE FOREGOING DOES NOT AFFECT ANY WARRANTIES THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

Limitation of Liability
YOU ACKNOWLEDGE THAT GROWBIG AI IS PROVIDED ONLY AS A CONVENIENCE TO YOU AT NO COST TO YOU.  AS SUCH, TO THE FULLEST EXTENT PROVIDED BY LAW, IN NO EVENT WILL BIG, ITS AFFILIATES, OR THEIR LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS, OR DIRECTORS BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF, IN CONNECTION WITH, OR RELATING TO YOUR USE OF, OR INABILITY TO USE, GROWBIG AI OR ANY CONTENT AND FUNCTIONALITIES OFFERED OR MADE AVAILABLE THROUGH GROWBIG AI, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, OR LOSS OF DATA, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT, OR OTHERWISE, EVEN IF FORESEEABLE.

THE FOREGOING DOES NOT AFFECT ANY LIABILITY THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW. CERTAIN LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS.