Version 1.0 · Last updated January 1, 2025
By accessing or using the Growth Lab Exchange ("Exchange"), you agree to be bound by these Terms of Service ("Terms"), our Privacy Policy, and all applicable laws and regulations. If you do not agree with any of these terms, you are prohibited from using the Exchange. These Terms apply to all users, including buyers, sellers, and visitors. Growth Lab Games LLC ("Company," "we," "us," or "our") reserves the right to modify these Terms at any time. We will notify users of material changes via email or prominent notice on the platform. Continued use of the Exchange after changes constitutes acceptance of the new Terms.
You must be at least 18 years of age to use the Exchange. By using the Exchange, you represent and warrant that you are 18 or older, have the legal capacity to enter into binding contracts, are not prohibited from using the Exchange under applicable law, and will comply with all applicable local, state, national, and international laws. Sellers must additionally provide accurate identity information during the verification process. We reserve the right to refuse service to anyone for any reason at any time.
The Exchange is a marketplace platform that connects plant sellers and buyers. Growth Lab Games LLC is not a party to transactions between buyers and sellers. We do not own, sell, or ship any plants or products listed on the Exchange. Permitted listings include: live plants, rooted cuttings, unrooted cuttings, seeds, bulbs, plant-related supplies (pots, soil, fertilizer), and plant care accessories. Prohibited listings include: invasive species listed on federal or state prohibited lists, plants requiring CITES permits without proper documentation, any non-plant items not approved by Growth Lab Games, counterfeit or misrepresented items, and any items prohibited by applicable law.
All payments on the Exchange are processed through our secure payment system. When a buyer completes a purchase, funds are held in escrow by Growth Lab Games LLC until one of the following occurs: (a) the buyer confirms delivery and satisfaction, (b) the automatic release period expires (14 days after shipping confirmation with no dispute), or (c) a dispute is resolved. Sellers receive payment minus the 5% platform fee within 3-5 business days of payment release. Growth Lab Games LLC charges no listing fees. The platform fee is only charged on completed, non-refunded transactions. We use Stripe for payment processing. By using the Exchange, you also agree to Stripe's Terms of Service.
Growth Lab Exchange uses an investigation-based dispute resolution process. We do NOT automatically refund buyers. We believe both buyers and sellers deserve fair treatment. When a dispute is opened: (1) The order is immediately frozen and funds remain in escrow. (2) The seller is notified and given 72 hours to respond with their account of events and evidence. (3) Both parties may submit evidence including photos, videos, tracking information, and written statements. (4) Our team reviews all evidence from both parties. (5) We issue a decision: full refund to buyer, payment release to seller, or partial resolution. Factors we consider include: photographic evidence of plant condition at time of shipping and receipt, tracking and delivery confirmation, seller's shipping history and trust score, buyer's dispute history, communication records between parties, and listing accuracy. Decisions are final unless new material evidence is presented within 7 days. Abuse of the dispute system (filing frivolous disputes, submitting false evidence) will result in account suspension or permanent ban.
Sellers are responsible for: accurately describing all listings including plant health, size, and condition; shipping within the stated processing time; using appropriate packaging to ensure plants arrive alive and healthy; providing tracking information within 24 hours of shipping; responding to buyer messages within 48 hours; responding to disputes within 72 hours; and complying with all applicable laws regarding plant sales and shipping. Sellers who repeatedly receive negative reviews, lose disputes, or violate these Terms may have their accounts suspended or permanently banned. Trust scores are calculated based on sales history, dispute outcomes, response rates, and buyer reviews.
Buyers are responsible for: providing accurate shipping addresses; inspecting plants upon delivery and reporting issues within 48 hours; submitting disputes in good faith with accurate evidence; not filing chargebacks with their payment provider while a dispute is under investigation (doing so will result in immediate account suspension); and following care instructions provided by sellers. Buyers who abuse the dispute system, file false claims, or engage in chargeback fraud will be permanently banned from the Exchange and may be subject to legal action.
The following are strictly prohibited on the Exchange: creating fake listings or misrepresenting plants; manipulating reviews (purchasing fake reviews, incentivizing reviews, or leaving retaliatory reviews); price manipulation or collusion with other sellers; identity fraud or impersonation; circumventing the platform's payment system (conducting transactions off-platform to avoid fees); harassment of other users; and any form of fraud or deceptive practices. Violations will result in immediate account suspension, forfeiture of any held funds pending investigation, and may result in legal action.
Sellers retain ownership of their listing photos and content. By posting on the Exchange, sellers grant Growth Lab Games LLC a non-exclusive, royalty-free license to display, reproduce, and promote listing content for the purpose of operating and marketing the Exchange. The Growth Lab Exchange name, logo, and platform design are the intellectual property of Growth Lab Games LLC. Unauthorized use is prohibited.
Growth Lab Games LLC is not liable for: the quality, safety, or legality of items listed; the accuracy of listings; the ability of sellers to complete sales; the ability of buyers to complete purchases; plant death after delivery due to improper care; shipping delays caused by carriers; or any indirect, incidental, special, or consequential damages. Our total liability to any user for any claim arising from use of the Exchange shall not exceed the total fees paid by that user to Growth Lab Games LLC in the 12 months preceding the claim.
These Terms shall be governed by and construed in accordance with the laws of the State of [Your State], without regard to its conflict of law provisions. Any disputes arising from these Terms shall be resolved through binding arbitration in accordance with the American Arbitration Association's rules, except that either party may seek injunctive relief in a court of competent jurisdiction.
For questions about these Terms, contact us at hello@growthlabgames.com. For urgent matters related to active disputes or fraud, use the in-platform dispute system or contact hello@growthlabgames.com with "URGENT" in the subject line.