Effective Date: September 9, 2024
1. Introduction
Welcome to The Geniverse. These Terms of Use ("Terms") govern your access to and use of The Geniverse's website, mobile application, and AI chat services (collectively, the "Services"). By using our Services, you agree to these Terms. If you do not agree, do not use our Services.
2. Who We Are
The Geniverse is an AI chat app that allows users to create and interact with personalized AI assistants, or "partners." Our mission is to provide innovative AI experiences while prioritizing user privacy and safety.
3. Account Creation and Access
- Eligibility: You must be at least 18 years old to use our Services.
- Account Information: You are responsible for providing accurate information and maintaining the confidentiality of your account credentials. You are responsible for all activities that occur under your account.
- Business Domains: If you use an email address owned by an organization, your account may be linked to that organization's enterprise account. We will notify you before such linking occurs.
4. Use of Our Services
- By using this service, you confirm that you are at least 18 years of age or older.
- Permitted Use: You may use the Services as intended and in compliance with these Terms and our Acceptable Use Policy.
- Prohibited Activities: You may not:
- Misuse our Services or use them for any illegal purpose.
- Reverse engineer or attempt to extract the source code of our software.
- Gain unauthorized access to our Services or systems.
- Use our Services to harm others or violate their rights.
- Develop competing products using our Services or Outputs.
- Automatically or programmatically extract data or Outputs.
5. User Content and AI-Generated Content
- User Content: You retain ownership of any content you submit ("Prompts"), including personal data, files, and memories. You grant us a license to use, store, and process this content to provide and improve our Services.
- AI-Generated Content: Outputs generated by the AI based on your interactions ("Outputs") are provided as part of the Services. We assign you any rights we may have in these Outputs, subject to the limitations in these Terms.
- Accuracy and Use of Outputs: AI-generated content may not always be accurate. You are responsible for evaluating and verifying any Outputs before relying on or sharing them. Do not use Outputs for critical decisions without human review.
6. Payments and Subscriptions
- Fees: Some features may require payment. All payments are processed securely through Stripe.
- Subscriptions: Subscriptions renew automatically unless canceled according to the procedures outlined in your account settings.
- Refunds: Fees are non-refundable, except where required by law.
7. Data Privacy and Security
Our Privacy Policy explains how we collect, use, and share your information. By using the Services, you agree to our data practices. We implement industry-standard security measures to protect your data.
8. Intellectual Property
The Services, including all software, designs, and content provided by The Geniverse, are protected by intellectual property laws. You may not use our trademarks, designs, or content without permission.
9. Disclaimers and Limitations of Liability
- No Warranties: THE SERVICES ARE PROVIDED "AS IS" WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, OR STATUTORY.
- Limitation of Liability: TO THE FULLEST EXTENT PERMITTED BY LAW, THE GENIVERSE SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFITS OR REVENUES.
- Cap on Liability: OUR TOTAL LIABILITY FOR ANY CLAIM ARISING OUT OF OR RELATING TO THESE TERMS OR OUR SERVICES IS LIMITED TO THE GREATER OF $100 OR THE AMOUNT YOU PAID US IN THE PAST 12 MONTHS.
10. Indemnification
You agree to indemnify and hold harmless The Geniverse and its affiliates from any claims, losses, or damages arising out of your use of the Services or violation of these Terms.
11. Termination
We may suspend or terminate your access to the Services at any time for any reason, including if you violate these Terms. Upon termination, any fees paid are non-refundable.
12. Changes to These Terms
We may update these Terms from time to time. The most current version will always be on our website. Your continued use of the Services after changes constitutes acceptance of the updated Terms.
13. Governing Law and Disputes
These Terms are governed by the laws of the State of New York, without regard to its conflict of law principles. Any disputes arising from these Terms or the Services will be resolved exclusively in the state or federal courts located in Madison County, NY.
14. Miscellaneous
- Entire Agreement: These Terms constitute the entire agreement between you and The Geniverse regarding the Services.
- Severability: If any provision of these Terms is found to be unenforceable, the remaining provisions will remain in full force and effect.
- No Waiver: Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights.