Terms of Service
Last updated on September 28, 2020
To the extent that Genial Technology is, on behalf of the Customer, Processing Customer Data that is subject to EU Data Protection Laws, by clicking "Start GenialAI!," or using the Services, you are also agreeing to the Data Processing Agreement and EU Standard Contractual Clauses with Genial Technology for the transfer of Personal Data to processors.
If you are agreeing to these Terms and, if applicable, for use of the Services by an organization, you are agreeing on behalf of that organization. You must have the authority to bind that organization to these Terms, otherwise you must not sign up for the Services.
Genial Technology will deliver the Services to you and the subscription to the Services will automatically renew unless the subscription is stopped.
Your Information & Your Permissions
When you use our Services, you provide us with things like your files, content, contacts, and so on (“Your Information”). GenialAI allows you to upload, submit, store and process Your Information. These Terms don’t give us any rights to Your Information except for the limited rights that enable us to offer the Services.
You agree that Genial Technology and its Subcontractors may transfer Your Information to and access, use, and store Your Information in locations other than your country.
Genial Technology will remain liable for all acts or omissions of its Subcontractors or Sub-processors, and for any subcontracted obligations.
Genial Technology will use industry standard technical and organizational security measures to transfer, store, and process Your Information that, at a minimum, will comply with Genial Technology's Information Security Policy. Genial Technology may update the Information Security Policy from time to time. Genial Technology will provide you with at least sixty days prior notice via email if Genial Technology updates the Information Security Policy in a manner that materially diminishes the administrative, technical, or physical security features of the Services taken as a whole. You may elect to stop your GenialAI subscription anytime.
Content in the Services may be protected by others’ intellectual property rights. Please don’t copy, upload, download, or share content unless you have the right to do so.
Genial Technology may review your conduct and content for compliance with these Terms. We aren’t responsible for the content people post and share via the Services.
Help us keep Your Information protected. Safeguard your password to the Services, and keep your account information current. Don’t share your account credentials or give others access to your user account. You will also prevent unauthorized use of the Services by the users in your account and terminate any unauthorized use of or access to the Services.
If you’re a business user or organization, then to the extent allowed by applicable law you’ll indemnify Genial Technology and its directors, officers, employees, and contractors for any third-party legal proceedings (including actions by government authorities) arising out of or relating to your unlawful use of the services or violation of these terms or service-specific additional terms. This indemnity covers any liability or expense arising from claims, losses, damages, judgments, fines, litigation costs, and legal fees. If you’re legally exempt from certain responsibilities such as indemnification, then those responsibilities don’t apply to you under these terms.
You agree not to use the Services for activities where use or failure of the Services could lead to physical damage, death, or personal injury.
You and the users in your account may use our Services only as permitted by applicable law, including export control laws and regulations. You and the users will not take any action that would cause Genial Technology to violate EU Data Protection Laws, the US Foreign Corrupt Practices Act of 1977, as amended, the UK Bribery Act of 2010 or any other applicable anti-bribery, anti-corruption or anti-money laundering law.
Finally, to use our Services, you and your users must be at least 13 (or older, depending on where you live).
You are responsible for responding to third-party requests via its own access to information. You will seek to obtain information required to respond to third-party requests and will contact Genial Technology only if it cannot comply with the third-party request despite diligent efforts.
If Genial Technology receives a third-party request, Genial Technology will make commercially reasonable efforts, to the extent allowed by law and by the terms, to: (i) promptly notify You of Genial Technology's receipt of a third-party request; (ii) comply with your commercially reasonable requests regarding its efforts to oppose a third-party request; and (iii) provide you with information or tools required for you to respond to the third-party request, if you are otherwise unable to respond to the third-party request. If Genial Technology is prohibited from notifying you of a third-party request or you fail to promptly respond to any third-party request, then Genial Technology may, but will not be obligated to do so, to the extent permitted by applicable law.
Some of our Services allow you to download client software (“Software”) which may be accessible with your web browser. So long as you comply with these Terms, we give you a limited, nonexclusive, nontransferable, revocable license to use the Software, solely to access the Services. To the extent any component of the Software may be offered under an open source license, we’ll make that license available to you and the provisions of that license may expressly override some of these Terms. Unless the following restrictions are prohibited by law, you agree not to reverse engineer or decompile the Services, attempt to do so, or assist anyone in doing so.
The Services are protected by copyright, trademark, and other US and foreign laws. These Terms don’t grant you any right, title, or interest in the Services, others’ content in the Services, GenialAI and Genial Technology trademarks, logos and other brand features. We welcome feedback, but note that we may use comments or suggestions without any obligation to you.
We respect the intellectual property of others and ask that you do too. We respond to notices of alleged copyright infringement if they comply with the law, and such notices should be reported. We reserve the right to delete or disable content alleged to be infringing and terminate accounts of repeat infringers. Our designated agent for notice of alleged copyright infringement on the Services is:
Genial Technology, Inc.
Saratoga Ave., Ste. 100
San Jose, CA 95129
If Genial Technology believes the Services infringe or may be alleged to infringe a third party's intellectual property rights, then Genial Technology may: (a) obtain the right to continue the Services; (b) provide a non-infringing functionally equivalent replacement; or (c) modify the Services so that they no longer infringe. If Genial Technology does not believe the options described in this section are commercially reasonable, then Genial Technology may suspend or terminate your use of the affected Services, with a pro-rata refund of prepaid fees for the Services.
You can process data beyond the limitation of free services. We’ll automatically bill you for the paid portion of the services. If you're reaching the border of free and paid services, we’ll send you a notice email reminding you that your usage is about to be charged.
If your bank account is in the US or other supported countries, you can choose to pay through an invoice. If so, please contact email@example.com. In this case, full payment for invoices issued in any given month must be received by Genial Technology thirty (30) days after the mailing date of the invoice.
Unpaid amounts are subject to a finance charge of 1.5% per month on any outstanding balance, or the maximum permitted by law, whichever is lower, plus all expenses of collection and may result in immediate termination of Service.
You’re responsible for all applicable taxes, and we’ll charge tax when required to do so. Some countries have mandatory local laws regarding your cancellation rights, and this paragraph doesn’t override these laws.
In case you violate or circumvent any Service Limits or otherwise configure the Services to avoid Service Limits, you agree to pay the damages to Genial Technology.
You may stop your GenialAI subscription at any time. Refunds are only issued if required by law.
Your subscription will remain in effect until it's stopped under these Terms. If you don’t pay for your subscription on time, we reserve the right to suspend or remove your account.
We may change the fees in effect but will give you advance notice of these changes via a message to the email address associated with your account.
By law, you have the right to (1) a certain quality of service, and (2) ways to fix problems if things go wrong. These terms don’t limit or take away any of those rights. For example, if you’re a consumer, then you continue to enjoy all legal rights granted to consumers under applicable law.
You’re free to stop using our Services at any time. We reserve the right to suspend or terminate your access to the Services with notice to you if:
- you’re in breach of these Terms, including delinquency in payment,
- your use of the Services would cause a real risk of harm or loss to us or other users, or
- you haven't accessed our Services for 12 consecutive months.
We’ll provide you with reasonable advance notice via the email address associated with your account to remedy the activity that prompted us to contact you and give you the opportunity to export Your Information from our Services. If after such notice you fail to take the steps we ask of you, we’ll terminate or suspend your access to the Services.
We won’t provide notice before termination where:
- you’re in material breach of these Terms,
- doing so would cause us legal liability or compromise our ability to provide the Services to our other users, or
- we're prohibited from doing so by law.
All sections of Terms which by their nature should survive termination will survive termination, including, without limitation, accrued rights to payment, confidentiality obligations, warranty disclaimers, and limitations of liability.
Discontinuation of Services
We may decide to discontinue the Services in response to unforeseen circumstances beyond our control or to comply with a legal requirement. If we do so, we’ll give you reasonable prior notice so that you can export Your Information from our systems.
Services “AS IS”
We strive to provide great Services, but there are certain things that we can't guarantee. TO THE FULLEST EXTENT PERMITTED BY LAW, GENIAL TECHNOLOGY AND ITS AFFILIATES, SUPPLIERS AND DISTRIBUTORS MAKE NO WARRANTIES, EITHER EXPRESS OR IMPLIED, ABOUT THE SERVICES. THE SERVICES ARE PROVIDED "AS IS." WE ALSO DISCLAIM ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. Some places don’t allow the disclaimers in this paragraph, so they may not apply to you.
Limitation of Liability
WE DON’T EXCLUDE OR LIMIT OUR LIABILITY TO YOU WHERE IT WOULD BE ILLEGAL TO DO SO—THIS INCLUDES ANY LIABILITY FOR GENIAL TECHNOLOGY, INC’S OR ITS AFFILIATES’ FRAUD OR FRAUDULENT MISREPRESENTATION IN PROVIDING THE SERVICES. IN COUNTRIES WHERE THE FOLLOWING TYPES OF EXCLUSIONS AREN’T ALLOWED, WE'RE RESPONSIBLE TO YOU ONLY FOR LOSSES AND DAMAGES THAT ARE A REASONABLY FORESEEABLE RESULT OF OUR FAILURE TO USE REASONABLE CARE AND SKILL OR OUR BREACH OF OUR CONTRACT WITH YOU. THIS PARAGRAPH DOESN’T AFFECT CONSUMER RIGHTS THAT CAN'T BE WAIVED OR LIMITED BY ANY CONTRACT OR AGREEMENT.
IN COUNTRIES WHERE EXCLUSIONS OR LIMITATIONS OF LIABILITY ARE ALLOWED, GENIAL TECHNOLOGY, ITS AFFILIATES, SUPPLIERS OR DISTRIBUTORS WON’T BE LIABLE FOR:
- ANY INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE, EXEMPLARY, OR CONSEQUENTIAL DAMAGES, OR
- ANY LOSS OF USE, DATA, BUSINESS, OR PROFITS, REGARDLESS OF LEGAL THEORY.
THESE EXCLUSIONS OR LIMITATIONS WILL APPLY REGARDLESS OF WHETHER OR NOT GENIAL TECHNOLOGY OR ANY OF ITS AFFILIATES HAS BEEN WARNED OF THE POSSIBILITY OF SUCH DAMAGES.
IF YOU USE THE SERVICES FOR ANY COMMERCIAL, BUSINESS, OR RE-SALE PURPOSE, GENIAL TECHNOLOGY, ITS AFFILIATES, SUPPLIERS OR DISTRIBUTORS WILL HAVE NO LIABILITY TO YOU FOR ANY LOSS OF PROFIT, LOSS OF BUSINESS, BUSINESS INTERRUPTION, OR LOSS OF BUSINESS OPPORTUNITY. GENIAL TECHNOLOGY AND ITS AFFILIATES AREN’T RESPONSIBLE FOR THE CONDUCT, WHETHER ONLINE OR OFFLINE, OF ANY USER OF THE SERVICES.
OTHER THAN FOR THE TYPES OF LIABILITY WE CANNOT LIMIT BY LAW (AS DESCRIBED IN THIS SECTION), WE LIMIT OUR LIABILITY TO YOU TO THE GREATER OF $20 USD OR 100% OF ANY AMOUNT YOU'VE PAID UNDER YOUR CURRENT SERVICE PLAN.
We want to address your concerns without needing a formal legal case. Before filing a claim against Genial Technology, you agree to try to resolve the dispute informally by contacting firstname.lastname@example.org. We’ll try to resolve the dispute informally by contacting you via email. If a dispute is not resolved within 15 days of submission, you or Genial Technology may bring a formal proceeding.
Judicial Forum for Disputes
You and Genial Technology agree that any judicial proceeding to resolve claims relating to these Terms or the Services will be brought in the federal or state courts of Santa Clara County, California, subject to the mandatory arbitration provisions below. Both you and Genial Technology consent to venue and personal jurisdiction in such courts. If you reside in a country (for example, a member state of the European Union) with laws that give consumers the right to bring disputes in their local courts, this paragraph doesn’t affect those requirements.
IF YOU’RE A U.S. RESIDENT, YOU ALSO AGREE TO THE FOLLOWING MANDATORY ARBITRATION PROVISIONS:
We Both Agree to Arbitrate
You and Genial Technology agree to resolve any claims relating to these Terms or the Services through final and binding arbitration by a single arbitrator, except as set forth under Exceptions to Agreement to Arbitrate below. This includes disputes arising out of or relating to interpretation or application of this “Mandatory Arbitration Provisions” section, including its enforceability, revocability, or validity.
The American Arbitration Association (AAA) will administer the arbitration under its Commercial Arbitration Rules and the Supplementary Procedures for Consumer Related Disputes. The arbitration will be held in the United States county where you live or work, San Francisco (CA), or any other location we agree to.
Arbitration Fees and Incentives
The AAA rules will govern payment of all arbitration fees. Genial Technology will pay all arbitration fees for individual arbitration for claims less than $10,000. If you receive an arbitration award that is more favorable than any offer we make to resolve the claim, we will pay you $200 in addition to the award. GenialAI will not seek its attorneys' fees and costs in arbitration unless the arbitrator determines that your claim is frivolous.
Exceptions to Agreement to Arbitrate
Either you or Genial Technology may assert claims, if they qualify, in small claims court in Santa Clara County (CA) or any United States county where you live or work. Either party may bring a lawsuit solely for injunctive relief to stop unauthorized use or abuse of the Services, or intellectual property infringement (for example, trademark, trade secret, copyright, or patent rights) without first engaging in arbitration or the informal dispute-resolution process described above. If the agreement to arbitrate is found not to apply to you or your claim, you agree to the exclusive jurisdiction of the state and federal courts in Santa Clara County, California to resolve your claim.
NO CLASS ACTIONS
You may only resolve disputes with us on an individual basis, and may not bring a claim as a plaintiff or a class member in a class, consolidated, or representative action. Class arbitrations, class actions, private attorney general actions, and consolidation with other arbitrations aren’t allowed. If this specific paragraph is held unenforceable, then the entirety of this “Mandatory Arbitration Provisions” section will be deemed void.
These Terms will be governed by California law except for its conflicts of laws principles. However, some countries (including those in the European Union) have laws that require agreements to be governed by the local laws of the consumer's country. This paragraph doesn’t override those laws.
These Terms constitute the entire agreement between you and Genial Technology with respect to the subject matter of these Terms, and supersede and replace any other prior or contemporaneous agreements, or terms and conditions applicable to the subject matter of these Terms. These Terms create no third party beneficiary rights.
Waiver, Severability & Assignment
Genial Technology’s failure to enforce a provision is not a waiver of its right to do so later. If a provision is found unenforceable, the remaining provisions of the Terms will remain in full effect and an enforceable term will be substituted reflecting our intent as closely as possible. You may not assign any of your rights under these Terms, and any such attempt will be void. GenialAI may assign its rights to any of its affiliates or subsidiaries, or to any successor in interest of any business associated with the Services.
We may revise these Terms from time to time to better reflect:
- changes to the law,
- new regulatory requirements, or
- improvements or enhancements made to our Services.
If an update affects your use of the Services or your legal rights as a user of our Services, we’ll notify you prior to the update's effective date by sending an email to the email address associated with your account or via an in-product notification. These updated terms will be effective no less than 30 days from when we notify you.
You may not assign or transfer the Agreement or any rights or obligations under the Agreement without the written consent of Genial Technology, except that you may assign the Agreement to the surviving entity in connection with a merger, acquisition, or sale of all or substantially all of its assets by providing written notice to Genial Technology. Genial Technology may not assign the Agreement without providing notice to you, except Genial Technology may assign the Agreement or any rights or obligations under the Agreement to an Affiliate or in connection with a merger, acquisition, corporate reorganization, or sale of all or substantially all of its assets without providing notice. Any other attempt to transfer or assign is void.
If you don’t agree to the updates we make, please cancel your subscription before they become effective. Where applicable, we’ll offer you a prorated refund based on the amounts you have prepaid for Services and your subscription cancellation date. By continuing to use or access the Services after the updates come into effect, you agree to be bound by the revised Terms.