Terms of Service

Effective Date: AUGUST 2024

Overview

Welcome to Genius Platform. These Terms of Service ("Terms") are a binding agreement between you ("User," "you," or "your") and Genius Platform ("Company," "we," "us," or "our"). By accessing or using our services, including our website, applications, and any other products or services provided by Genius Platform (collectively, the "Services"), you agree to be bound by these Terms. If you do not agree to these Terms, you may not use the Services.

1. Acceptance of Terms

By accessing or using the Services, you confirm that you are at least 18 years old, or the age of legal majority in your jurisdiction if higher, and have the legal capacity to enter into these Terms. If you are accessing or using the Services on behalf of a business or other entity, you represent and warrant that you have the authority to bind that business or entity to these Terms.

2. Modification of Terms


Genius Platform reserves the right, at its sole discretion, to modify or replace these Terms at any time. We will notify you of material changes by posting the updated Terms on our website and updating the "Effective Date" at the top of these Terms. It is your responsibility to review these Terms periodically for any changes. Your continued use of the Services following the posting of any changes constitutes your acceptance of those changes.

3. Account Registration and Security

3.1 Account Creation: To access certain features of the Services, you must create an account. During registration, you agree to provide accurate, current, and complete information as requested by the registration form and to promptly update this information as necessary.

3.2 Account Security: You are responsible for maintaining the confidentiality of your account credentials, including your username and password. You are responsible for all activities that occur under your account. You agree to immediately notify Genius Platform of any unauthorized use of your account or any other breach of security.

3.3 Account Termination: Genius Platform may, in its sole discretion, suspend or terminate your account or access to the Services at any time, with or without notice, for any reason, including if you breach these Terms.

4. Use of Services

4.1 Permitted Use: Subject to your compliance with these Terms, Genius Platform grants you a limited, non-exclusive, non-transferable, revocable license to access and use the Services for your personal or internal business purposes.

4.2 Prohibited Conduct: You agree not to:

  • Use the Services in any manner that violates any applicable laws or regulations.

  • Engage in any conduct that is harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, libelous, invasive of another's privacy, or otherwise objectionable.

  • Access or attempt to access any non-public areas of the Services, Genius Platform’s computer systems, or the technical delivery systems of our providers.

  • Introduce any viruses, trojans, worms, logic bombs, or other material that is malicious or technologically harmful.

  • Attempt to decipher, decompile, disassemble, or reverse engineer any of the software used to provide the Services.

  • Use any automated system, including "robots," "spiders," or "offline readers," to access the Services in a manner that sends more request messages to the servers than a human can reasonably produce in the same period.

5. Fees and Payment


5.1 Subscription Fees: Access to certain features of the Services may require you to pay subscription fees. You agree to pay all fees and charges in accordance with the pricing and payment terms presented to you for that Service.

5.2 Payment Methods: You must provide a valid credit card or other acceptable payment method at the time of purchase. You authorize Genius Platform to charge the applicable fees to your selected payment method.

5.3 Automatic Renewal: Unless otherwise specified, subscriptions to the Services will automatically renew at the end of each billing cycle. You authorize Genius Platform to charge the subscription fees for the renewal term to your payment method unless you cancel your subscription before the end of the current term.

5.4 Refund Policy: All payments are non-refundable unless otherwise stated in these Terms or required by law.

5.5 Taxes: All fees are exclusive of taxes, and you are responsible for all applicable taxes, duties, or charges imposed by any government authority.

6. Intellectual Property Rights


6.1 Ownership: All intellectual property rights in the Services, including but not limited to copyrights, trademarks, service marks, trade secrets, patents, and other proprietary rights, are owned by or licensed to Genius Platform.

6.2 License to Use: Subject to your compliance with these Terms, Genius Platform grants you a limited, non-exclusive, non-transferable license to access and use the Services for your personal or internal business purposes.

6.3 User Content: By submitting, posting, or displaying content on or through the Services ("User Content"), you grant Genius Platform a worldwide, non-exclusive, royalty-free, transferable, sublicensable license to use, reproduce, adapt, modify, publish, and distribute such User Content in connection with providing and promoting the Services.

6.4 Feedback: If you provide Genius Platform with any suggestions, comments, or other feedback regarding the Services ("Feedback"), you hereby assign to Genius Platform all rights in such Feedback and agree that Genius Platform shall have the right to use and fully exploit such Feedback in any manner, including in future enhancements and modifications to the Services.

7. Data Privacy and Security


7.1 Privacy Policy: Your use of the Services is also governed by our Privacy Policy, which describes how we collect, use, and disclose your personal information. By using the Services, you agree to the terms of our Privacy Policy.

7.2 Security: Genius Platform takes reasonable measures to protect your personal information, but you acknowledge and agree that no system is completely secure. You are responsible for safeguarding your own account information and for all activity that occurs under your account.

8. Third-Party Services


8.1 Third-Party Links: The Services may contain links to third-party websites, services, or resources that are not owned or controlled by Genius Platform. We do not endorse or assume any responsibility for any such third-party sites, information, materials, products, or services. If you access any third-party website, service, or content, you do so at your own risk.

8.2 Third-Party Services: The Services may integrate with third-party applications, websites, and services (collectively, "Third-Party Services") to make certain services, features, or content available to you. Your use of such Third-Party Services may be subject to additional terms, conditions, and policies provided by the third-party providers. Genius Platform is not responsible for any Third-Party Services and does not guarantee their availability or quality.

9. Termination and Suspension


9.1 Termination by You: You may terminate your account and discontinue your use of the Services at any time by following the instructions provided within the Services.

9.2 Termination by Genius Platform: Genius Platform may suspend or terminate your account or access to the Services at any time, for any reason, including if you breach these Terms, without notice or liability.

9.3 Effect of Termination: Upon termination, all rights and licenses granted to you in these Terms will immediately cease, and you must cease all use of the Services. Any outstanding fees and charges will become immediately due and payable. Sections of these Terms that by their nature should survive termination shall survive, including intellectual property, limitations of liability, indemnification, and governing law provisions.

10. Disclaimers and Warranties


10.1 No Warranty: The Services are provided on an "as is" and "as available" basis, without warranties of any kind, either express or implied. Genius Platform does not warrant that the Services will be uninterrupted, error-free, or secure, nor does it make any warranty regarding the accuracy, reliability, or currency of any information or content provided through the Services.

10.2 Disclaimers: To the fullest extent permitted by law, Genius Platform disclaims all warranties, express or implied, including but not limited to, implied warranties of merchantability, fitness for a particular purpose, non-infringement, and title. Genius Platform does not guarantee any specific results from the use of the Services.

11. Limitation of Liability


11.1 Exclusion of Damages: To the fullest extent permitted by law, Genius Platform and its affiliates, directors, officers, employees, agents, and licensors shall not be liable for any indirect, incidental, special, consequential, or punitive damages, or any loss of profits or revenues, whether incurred directly or indirectly, or any loss of data, use, goodwill, or other intangible losses, resulting from (a) your access to or use of or inability to access or use the Services; (b) any conduct or content of any third party on the Services; (c) any content obtained from the Services; or (d) unauthorized access, use, or alteration of your transmissions or content.

11.2 Limitation of Liability: In no event shall Genius Platform’s total liability to you for all claims arising out of or relating to the use of or any inability to use any portion of the Services exceed the amount you paid to Genius Platform for the Services in the 12 months immediately preceding the date the claim arose.

12. Indemnification


You agree to indemnify, defend, and hold harmless Genius Platform and its affiliates, directors, officers, employees, agents, and licensors from and against any claims, liabilities, damages, losses, and expenses, including legal fees, arising out of or in any way connected with (a) your access to or use of the Services; (b) your violation of these Terms; (c) your violation of any third-party rights, including any intellectual property right or privacy right; or (d) any claim that your User Content caused damage to a third party.

13. Governing Law and Dispute Resolution


13.1 Governing Law: These Terms shall be governed by and construed in accordance with the laws of [Your State/Country], without regard to its conflict of law principles.

13.2 Dispute Resolution: Any disputes arising out of or related to these Terms or the Services shall be resolved through binding arbitration in accordance with the rules of [Your Chosen Arbitration Institution]. The arbitration shall take place in [Your Jurisdiction], and the language of the arbitration shall be [Your Preferred Language]. The arbitrator's decision shall be final and binding, and judgment on the award rendered by the arbitrator may be entered in any court having jurisdiction.

13.3 Class Action Waiver: You agree that any dispute resolution proceedings will be conducted only on an individual basis and not in a class, consolidated, or representative action. You waive your right to participate in any class action, whether as a class representative or member, or to consolidate your claims with the claims of others.

14. Severability


If any provision of these Terms is found to be invalid or unenforceable by a court of competent jurisdiction, the remaining provisions will remain in full force and effect, and the invalid or unenforceable provision will be modified so that it is valid and enforceable to the maximum extent permitted by law.

15. Entire Agreement


These Terms, along with any additional terms and conditions incorporated by reference, constitute the entire agreement between you and Genius Platform concerning your use of the Services and supersede any prior or contemporaneous agreements, communications, and proposals, whether oral or written, between you and Genius Platform.

16. Waiver


No waiver of any term or condition of these Terms shall be deemed a further or continuing waiver of such term or condition or any other term or condition, and any failure by Genius Platform to assert a right or provision under these Terms shall not constitute a waiver of such right or provision.

17. Assignment


You may not assign or transfer these Terms, by operation of law or otherwise, without Genius Platform’s prior written consent. Any attempt by you to assign or transfer these Terms, without such consent, will be null and void. Genius Platform may assign or transfer these Terms, at its sole discretion, without restriction.

18. Notices


Genius Platform may provide you with notices, including those regarding changes to these Terms, by email, regular mail, or postings on the Services. You agree that all agreements, notices, disclosures, and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.

19. Contact Information


Genius Platform

12/3 Enterprise Street

Molendinar QLD, 4214

1300 441 857

Thank you for choosing Genius Platform. We are committed to providing you with the highest quality services and support. Your trust is our priority, and we are dedicated to maintaining a safe, secure, and transparent environment for all our users. If you have any concerns, suggestions, or feedback about your experience with our Services, please do not hesitate to reach out. Your satisfaction is essential to us, and we value the opportunity to assist you in achieving your goals.