1. Your Information
You represent and warrant that: (i) You have the legal right to use any credit or debit card(s) or other payment method(s) in connection with any Order; and that (ii) the information You supply to us is true, correct and complete.
By submitting such information, You grant us the right to provide the information to payment processing third parties for purposes of facilitating the completion of Your Order.
2. Eligibility
Company does not knowingly collect or solicit personal information from anyone under the age of 13 or knowingly allow such persons to register for the Services. If you are under 13, please do not attempt to register for the Services or send any information about yourself to us, including your name, address, telephone number, or email address. No one under age 13 may provide any personal information to Company or on the Services. In the event that we learn that we have collected personal information from a child under age 13 without verification of parental consent, we will delete that information as quickly as possible. If you believe that we might have any information from or about a child under 13, please contact us at contact@genaivs.com.
You represent and warrant to Company that: (i) you are of legal age and you can form a binding contract with us and you are not prohibited by law from accessing or using the services; (ii) all registration information you submit is accurate and truthful; and (iii) you will maintain the accuracy of such information. You also certify that you are legally permitted to use and access the Services and take full responsibility for the selection and use of and access to the Services. This Agreement is void where prohibited by law, and the right to access the Services is revoked in such jurisdictions.
3. User Responsibilities
What you can do. Subject to your compliance with these Terms, you may access and use our Services. In using our Services, you must comply with all applicable laws as well as our Sharing & Publication Policy, Usage Policies, and any other documentation, guidelines, or policies we make available to you. What you cannot do. You may not use our Services for any illegal, harmful, or abusive activity. For example, you may not:
- Use our Services in a way that infringes, misappropriates or violates anyone’s rights.
- Modify, copy, lease, sell or distribute any of our Services.
- Government Authorities or Other Third Parties
- Attempt to or assist anyone to reverse engineer, decompile or discover the source code or underlying components of our Services, including our models, algorithms, or systems (except to the extent this restriction is prohibited by applicable law).
- Business Account Administrators
- Automatically or programmatically extract data or Output (defined below).
- Represent that Output was human-generated when it was not.
- Interfere with or disrupt our Services, including circumvent any rate limits or restrictions or bypass any protective measures or safety mitigations we put on our Services.
Software. Our Services may allow you to download software, such as mobile applications, which may update automatically to ensure you’re using the latest version. Our software may include open source software that is governed by its own licenses that we’ve made available to you. Corporate domains. If you create an account using an email address owned by an organization (for example, your employer), that account may be added to the organization's business account with us, in which case we will provide notice to you so that you can help facilitate the transfer of your account (unless your organization has already provided notice to you that it may monitor and control your account). Once your account is transferred, the organization’s administrator will be able to control your account, including being able to access Content (defined below) and restrict or remove your access to the account.
4. Intellectual Property
Ownership. The Software is licensed as explained above and not sold to you under this Agreement and you acknowledge GenAIvs and its licensors retain all title, ownership rights and Intellectual Property Rights in and to the Software. We reserve all rights not expressly granted herein to the Software.
GenAIvs Content. Except for the User Content (as defined in clause 5.3 below) the: (i) content on the Software, including, without limitation, the text, information, documents, descriptions, products, software, graphics, photos, sounds, videos, interactive features, and services (the “Materials”), (ii) the trademarks, service marks and logos contained therein (“Marks”, and together with the Materials, GenAIvs Content”), are the property of GenAIvs and/or its licensors and may be protected by applicable copyright or other intellectual property laws and treaties. “GenAIvs”, and GenAIvs logo are Marks of GenAIvs and its affiliates.
User Content and Use Derived Content. You are solely responsible for all interactions, text, documents or other content or information uploaded, entered or otherwise transmitted by you in connection with your use of the Services and/or Software (“User Content”) and the User Derived Content (as defined below).User Content and/or User Derived Content may include, among other things, mistakes, typos, wording, and text contained in the content or information transmitted by you. To the maximum extent permitted by law, GenAIvs shall have no liability to you with respect to the User Content and or the User Derived Content, including, without limitation, liability with respect to: (i) any information(including your confidential information) contained in or apparent from any User Content and/or the User Derived Content; and/or (ii) any copyright infringement claim or another infringement claim by a third party in relation to or in connection with the User Content and/or the User Derived Content. You warrant, represent and covenant that: (i) you own or have a valid and enforceable license and all the necessary rights to use, submit or transmit all User Content and use the Service and the Software; (ii) that no User Content or User Derived Content (as defined below) infringes, misappropriates or violates or will infringe, misappropriate or violate, the rights (including, without limitation, any copyrights or other intellectual property rights) of any person or entity or any applicable law, rule or regulation of any government authority of competent jurisdiction; (iii) all summaries, content or text derived or extracted from the User Content using the Summarization Service and/or Software("User Derived Content") shall be used by the User for personal use only; and (iv) the User shall not disseminate or distribute the User Content or User Derived Content in breach of any applicable law or third partys intellectual property rights or other rights. You acknowledge that the Services and the Software do not operate as an archive or file storage service. You are solely responsible for the backup of User Content and other safeguards appropriate for your needs. You retain all right, title, and interest in and to your User Content. To the maximum extent permitted by law, by uploading or entering any User Content, you give GenAIvs (and those it works with) a nonexclusive, worldwide, royalty-free and fully-paid, transferable and sub-licensable, perpetual, and irrevocable license to copy, store and use your User Content in order to (i) provide the Software and Services; (ii) administer and make improvements to the Software and Services (including, to improve the algorithms underlying the Software and the Services); and (iii) collect and analyze anonymous information. To the extent that User Content contains any third party data, you hereby warrant to have obtained all required consents from such third party to allow GenAIvs to use the User Content as set forth above.
Feedback. If GenAIvs receives any feedback (e.g., questions, comments, suggestions or the like) regarding any of the Services and/or Software (collectively, “Feedback”), all rights, including Intellectual Property Rights in such Feedback shall belong exclusively to GenAIvs and that such shall be considered GenAIvs’ Confidential Information. You hereby irrevocably, fully and unconditionally transfer and assign to GenAIvs all Intellectual Property Rights and remaining rights you have in such Feedback, without any further step or payment being necessary, and waive any and all moral rights you may have in respect thereto, and the right to assert or take legal action in connection with such rights. It is further understood that use of Feedback, if any, may be made by GenAIvs at its sole discretion, and that GenAIvs in no way shall be obliged to make use of any kind of the Feedback or part thereof.
5. Disclaimers and Limitation of Liability
Without limiting the foregoing, GenAIvs’s maximum aggregate liability to you for losses or damages that you suffer related to or arising out of your use of the GenAIvs services or these terms is limited to the amount you paid to GenAIvs in the prior twelve (12) months for the GenAIvs services giving rise to the claim.
We cannot guarantee the availability of any features or services of GenAIvs or available through GenAIvs. While we are continuing to develop new features and improve GenAIvs, we may, without notice to you, add or remove features, limit use or availability of features entirely (or just in certain places or for some users) if they create risk to GenAIvs, users of GenAIvs, third parties powering the bots, no longer make sense from a business perspective or for any reason in our sole discretion. We also cannot guarantee that your use of GenAIvs will be error free, undisrupted or that you will not experience service outages. We are not liable for any errors, disruptions or service outages that may occur.
6. Account Suspension/Termination
We may terminate or suspend Your Account immediately, without prior notice or liability, for any reason whatsoever, including without limitation if You breach these Terms.
Upon termination, Your right to use the Service will cease immediately. If You wish to terminate Your Account, You may simply discontinue using the Service. This Agreement shall remain in full force and effect while you use the Services.
You may terminate your use of the Services at any time. Company may terminate or suspend your access to the Services or your membership at any time, for any reason, and without warning, which may result in the forfeiture and destruction of all information associated with your membership. Company may also terminate or suspend any and all Services and access to the App immediately, without prior notice or liability, if you breach any of the terms or conditions of this Agreement. Upon termination of your account, your right to use the Services, access the App, and any Content will immediately cease. On termination of your account, the Company has the right to refund your transactions, or keep your funds on hold for a period of 180-day from the date of termination post which they can be released to your account. All provisions of this Agreement which, by their nature, should survive termination, shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, and limitations of liability.
For information on how to exercise your rights with respect to data we have collected from the internet to train our models, please see this help center article.
7. Changes to Terms
We reserve the right, at Our sole discretion, to modify or replace these Terms at any time. If a revision is material We will make reasonable efforts to provide at least 30 days notice prior to any new terms taking effect. What constitutes a material change will be determined at Our sole discretion.
By continuing to access or use Our Service after those revisions become effective, You agree to be bound by the revised terms. If You do not agree to the new terms, in whole or in part, please stop using the website and the Service.
8. Governing Law
The laws of the Country, excluding its conflicts of law rules, shall govern this Terms and Your use of the Service. Your use of the Application may also be subject to laws of the VietNam and other local, state, national, or international laws.
9. Fee and Billing Responsibilities
Order Cancellation
We reserve the right to refuse or cancel Your Order at any time for certain reasons including but not limited to:
- Goods availability.
- Errors in the description or prices for Goods.
- Errors in Your Order.
To ensure fairness and protect the normal operation of our services, we pay special attention to and will take measures against abnormal user behavior. If a user's conduct violates our terms of use or code of conduct, such as:
- Attempting to manipulate membership status through improper means.
- Intentionally making repetitive cancellations to disrupt service operations.
- Exploiting system vulnerabilities to obtain or attempt to obtain undue benefits.
- Violation of the single-account user principle, reselling or sharing the account with multiple users.
We reserve the right to immediately terminate or suspend their membership and/or right to use the services, and a refund may not be offered. We will assess the situation on a case-by-case basis and take necessary actions to ensure a fair and safe environment for all users.
Availability, Errors and Inaccuracies
We are constantly updating Our offerings of Goods on the Service. The Goods available on Our Service may be mispriced, described inaccurately, or unavailable, and We may experience delays in updating information regarding our Goods on the Service and in Our advertising on other websites.
We cannot and do not guarantee the accuracy or completeness of any information, including prices, product images, specifications, availability, and services. We reserve the right to change or update information and to correct errors, inaccuracies, or omissions at any time without prior notice.
Prices Policy
The Company reserves the right to revise its prices at any time prior to accepting an Order.
The prices quoted may be revised by the Company subsequent to accepting an Order in the event of any occurrence affecting delivery caused by government action, variation in customs duties, increased shipping charges, higher foreign exchange costs and any other matter beyond the control of the Company. In that event, You will have the right to cancel Your Order.
Payments
Payment can be made through a valid card (credit cards or debit cards) and are subject to validation checks and authorization by Your card issuer. If we do not receive the required authorization, We will not be liable for any delay or non-delivery of Your Order.
Subscriptions
- Subscription period
The Service or some parts of the Service are available only with a paid Subscription. You will be billed in advance on a recurring and periodic basis either monthly or yearly. depending on the type of Subscription plan you select when purchasing the Subscription. At the end of each period, Your Subscription will automatically renew under the exact same conditions unless You cancel it or the Company cancels it.
- Subscription cancellations
You may cancel Your Subscription renewal by contacting us at contact@genaivs.com Or cancel on the dashboard. You will not receive a refund for the fees You already paid for Your current Subscription period and You will be able to access the Service until the end of Your current subscription period.
Billing
You shall provide the Company with accurate and complete billing information including full name, address, state, zip code, telephone number, and a valid payment method information.
Should automatic billing fail to occur for any reason, the Company will issue an electronic invoice indicating that you must proceed manually, within a certain deadline date, with the full payment corresponding to the billing period as indicated on the invoice.
Fee Changes
The Company, in its sole discretion and at any time, may modify the Subscription fees. Any Subscription fee change will become effective at the end of the then-current Subscription period.
The Company will provide You with reasonable prior notice of any change in Subscription fees to give You an opportunity to terminate Your Subscription before such change becomes effective.
Your continued use of the Service after the Subscription fee change comes into effect constitutes Your agreement to pay the modified Subscription fee amount.
Refunds
We have established different refund policies based on subscription type, add-on package type, regional laws, and account status.
After you submit your refund request, we will manually review your order and send the review results or request additional information via the email you provided within 48 hours. Please be sure to check your email, including your spam folder, to avoid missing any important emails. Please follow the instructions in the email carefully. If you fail to complete the next steps within the timeframe specified in the email, we will be unable to process your refund.
Although we strictly adhere to our policies, GenAIvs may not be able to fulfill your refund request if there are irregularities with your account. We strive to make our refund policy as fair as possible.
Advanced Credits Add-on Package:
The Advanced Credits Add-on Package is a specific type of value-added benefit, therefore it is non-refundable once purchased. According to our terms & condition, unused advanced credits from the Add-on package remain valid from the date of purchase and can be used while the membership subscription is active, but once purchased, the amount paid will not be refunded.
During your use of Advanced Credits, if you encounter abnormal situations such as restricted account access, we will initiate an account risk assessment procedure. The assessment results will determine the subsequent course of action:
For accounts deemed to be in normal use, we will promptly restore access and ensure the continued validity of your Advanced Credits. However, please note that we do not offer refunds in such situations.
If the assessment confirms that the account has been banned due to triggering risk control mechanisms, we will be unable to restore your access privileges, and no refund will be provided.
If you need to inquire about refund-related issues, please follow the above process to communicate with us via email. We recommend users carefully consider their usage needs before purchasing an Advanced Credits Add-on Package to ensure full utilization of the purchased credits.
However, please note that if you have previously received a refund for our services, we reserve the right to deny subsequent refund requests, and thus, the above policy will not apply to you. This policy is designed to prevent abuse of our refund system and ensure fair use of our services.
Promotions
Any Promotions made available through the Service may be governed by rules that are separate from these Terms.
If You participate in any Promotions, please review the applicable rules as well as our Privacy policy. If the rules for a Promotion conflict with these Terms, the Promotion rules will apply.
Contact: contact@genaivs.com – (+84) 0901570462