Last updated: April 10th, 2023
Welcome to GeniePal! These Terms of Service (“Terms”) govern your use of our application (“App”) and any related services provided by GeniePal. By accessing or using the App, you agree to be bound by these Terms, which outline your rights, obligations, and limitations while using our platform. These Terms are a legally binding agreement between you and GeniePal. If you disagree with any part of these Terms, please do not use our App. GeniePal reserves the right to modify or update the App and related services at its discretion, and your continued use of the App after any such changes indicates your acceptance of the updated Terms. It is your responsibility to periodically review these Terms to stay informed about any updates or changes.
To use GeniePal, you must be at least 13 years old. By using the App, you represent and warrant that you meet this age requirement and have the legal capacity to enter into a binding agreement with GeniePal. If you are under the age of 18, you must have permission from a parent or legal guardian to use the App.
To access certain features of the App, you may be required to create an account by providing accurate and complete information, such as your name, and an email address. You are responsible for maintaining the confidentiality of your account credentials and for all activities that occur under your account. You agree to promptly notify GeniePal of any unauthorized access or use of your account. GeniePal reserves the right to suspend or terminate your account if it suspects any breach of these Terms or any fraudulent, abusive, or illegal activity.
Subject to your compliance with these Terms, GeniePal grants you a limited, non-exclusive, non-transferable, non-sublicensable license to download, install, and use the App on your compatible device solely for your personal, non-commercial use. This license is for the purpose of enabling you to enjoy the benefits of the App as provided by GeniePal in the manner permitted by these Terms.
You agree not to:
a. Copy, modify, adapt, reverse engineer, decompile, or create derivative works based on the App or any part thereof, except as necessary for personal, non-commercial use and as permitted by applicable law;
b. Remove, alter, or obscure any copyright, trademark, or other proprietary notices on the App or any part thereof;
c. Circumvent or disable any security or technological features or measures within the App, or attempt to do so; or
d. Share, transfer, or sublicense the license granted to you under these Terms to any third party.
Any use of the App not expressly permitted by these Terms is a breach of this agreement and may result in the termination of your license to use the App. GeniePal reserves all rights not expressly granted to you under these Terms.
- User Content and Conduct
You are solely responsible for any content you generate, submit, or share through the App (“User Content”). This includes, but is not limited to, text, images, audio, video, and other forms of data or communication. By using the App, you warrant that you have all necessary rights to create, submit, or share User Content and that it complies with these Terms.
You agree not to submit, post, or share any User Content that:
a. Is unlawful, harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, invasive of privacy, or otherwise objectionable; b. Violates any intellectual property, proprietary, or privacy rights of any third party; c. Contains software viruses or any other computer code, files, or programs designed to interrupt, destroy, or limit the functionality of any computer software or hardware or telecommunications equipment; d. Is false, misleading, or constitutes an unfair or deceptive trade practice; e. Is spam, chain letters, pyramid schemes, or other unsolicited commercial communication; f. Impersonates any person or entity or falsely states or otherwise misrepresents your affiliation with a person or entity; or g. Promotes illegal activities, incites violence, or encourages discrimination or hatred based on race, religion, gender, sexual orientation, or other protected characteristics.
GeniePal reserves the right, but is not obligated, to review, monitor, or remove User Content at its discretion and without notice. GeniePal does not endorse, support, or guarantee the completeness, truthfulness, accuracy, or reliability of any User Content.
By submitting or sharing User Content through the App, you grant GeniePal a worldwide, non-exclusive, royalty-free, sub-licensable, and transferable license to use, reproduce, distribute, create derivative works of, display, and perform the User Content in connection with the App and GeniePal’s (and its successors’ and affiliates’) business, including without limitation for promoting and redistributing part or all of the App (and derivative works thereof) in any media formats and through any media channels.
- Intellectual Property Rights
All rights, titles, and interests in and to the App (excluding User Content) are and will remain the exclusive property of GeniePal and its licensors. The App is protected by copyright, trademark, and other laws of both the United States and foreign countries. Nothing in these Terms grants you any rights to use any of GeniePal’s trademarks, logos, domain names, or other distinctive brand features without prior written consent.
You acknowledge that GeniePal and its licensors own all intellectual property rights in the App, including any updates, enhancements, modifications, and improvements made to the App. Your use of the App does not grant you any ownership rights in the App or any rights to the intellectual property therein, other than the limited license to use the App as set forth in these Terms.
GeniePal respects the intellectual property rights of others and expects users of the App to do the same. If you believe that your intellectual property rights have been infringed through the App, please notify us at email@example.com. We will investigate and take appropriate action in accordance with applicable intellectual property laws.
By using the App, you agree not to infringe or violate any intellectual property rights of GeniePal or any third party. Any unauthorized use of the App or the intellectual property rights therein may result in the termination of your license to use the App and may subject you to legal action.
- Third-Party Services
The App integrates with OpenAI’s ChatGPT and may require you to have a separate agreement with OpenAI to use their services. Additionally, the App may integrate with other third-party services or platforms to enhance its functionality and provide a better user experience. These third-party services are governed by their own terms of service and privacy policies, which you should review before using them in conjunction with the App.
GeniePal is not responsible for any content, features, or functionality provided by OpenAI, other third parties, or their respective services. We do not endorse, warrant, or guarantee the accuracy, reliability, or suitability of any information or content provided by third-party services. Your use of third-party services is at your own risk and subject to the terms and conditions of the respective service providers.
By using the App, you acknowledge that GeniePal may, at its discretion, enable or disable certain integrations with third-party services, and your access to these services may be limited or terminated accordingly. GeniePal shall not be liable for any loss, damage, or inconvenience caused by the availability, performance, or functionality of third-party services, or any modifications or discontinuation thereof.
- In-App Purchases
The App offers in-app purchases for additional words, features, and functionality. These in-app purchases may be available on a one-time or subscription basis, as specified within the App. All in-app purchases are non-refundable and subject to the terms and conditions of the applicable payment provider.
When making an in-app purchase, you agree to provide accurate and complete payment information, and you authorize GeniePal or its designated payment processor to charge your payment method for the purchase amount, including any applicable taxes and fees. You are responsible for all charges incurred in connection with your account, whether authorized by you or not.
In-app purchases may be subject to price changes, and GeniePal reserves the right to modify the pricing for any in-app purchase at any time. Price changes will not affect your existing purchases or subscriptions but may apply to any subsequent purchases or renewals.
Some in-app purchases may automatically renew, and you will be charged the applicable renewal rate unless you cancel the auto-renewal before the renewal date. If you wish to cancel your auto-renewing subscription, you may do so through the App or by contacting your payment provider.
GeniePal may offer promotional pricing, discounts, or trial offers for in-app purchases. These offers may be subject to additional terms and conditions and may be modified or discontinued at any time without notice.
By making an in-app purchase, you acknowledge and agree that additional terms and conditions, such as those imposed by the payment provider, may apply to your transaction. GeniePal is not responsible for any disputes, issues, or discrepancies related to the payment process or the handling of your payment information by third-party payment providers.
- Limitation of Liability
To the fullest extent permitted by law, in no event shall GeniePal, its affiliates, or their respective directors, officers, employees, or agents be liable for any indirect, incidental, special, consequential, or punitive damages, including but not limited to lost profits, data loss, business interruption, or other intangible losses, arising out of or related to your use of or inability to use the App, any content or services provided through the App, or these Terms, regardless of the theory of liability, even if GeniePal has been advised of the possibility of such damages.
The App is provided “as is” and “as available,” without warranty of any kind, express or implied, including but not limited to warranties of merchantability, fitness for a particular purpose, title, non-infringement, or any other warranties arising from course of dealing or usage of trade. GeniePal does not warrant that the App will be uninterrupted, error-free, secure, or free of viruses or other harmful components, or that defects will be corrected. No advice or information, whether oral or written, obtained from GeniePal or through the App will create any warranty not expressly made herein.
Some jurisdictions do not allow the exclusion or limitation of certain warranties or the limitation or exclusion of liability for incidental or consequential damages. Accordingly, some of the above limitations may not apply to you. In such jurisdictions, GeniePal’s liability will be limited to the greatest extent permitted by law.
You agree that your sole remedy for any dissatisfaction with the App or any related services is to stop using the App. In the event that any limitation of liability is found to be unenforceable, GeniePal’s total liability to you for all damages, losses, or causes of action shall not exceed the amount you have paid for in-app purchases in the twelve (12) months immediately preceding the event giving rise to the claim or one hundred dollars (USD 100), whichever is greater.
- Changes to Terms of Service
We reserve the right to modify, amend, or update these Terms at any time to reflect changes in our practices, the App, applicable laws, or for any other reason. If we make changes to these Terms, we will provide notice by posting the updated Terms on our website, within the App, or through other appropriate communication channels. The date at the top of these Terms indicates when they were last updated.
It is your responsibility to periodically review these Terms to stay informed about any updates or changes. By continuing to use the App after any changes to the Terms, you agree to be bound by the updated Terms. If you do not agree with any changes to the Terms, you must stop using the App and uninstall it from your device.
We may also update or modify the App from time to time to improve its functionality, fix bugs, or implement new features. These updates may be automatic, and you may be required to accept them to continue using the App. Some updates may require you to update your device or operating system to ensure compatibility. Your continued use of the App after any updates or modifications signifies your acceptance of the changes and your agreement to be bound by the most current version of the Terms.
- Governing Law and Jurisdiction
GeniePal reserves the right to suspend or terminate your access to the App, with or without notice, if we believe you have breached these Terms, engaged in any fraudulent, abusive, or illegal activity, or for any other reason at our sole discretion. Upon termination or suspension, your right to use the App will immediately cease, and you must uninstall the App from your device. GeniePal shall not be liable to you or any third party for any termination or suspension of your access to the App.
In addition to our right to terminate or suspend your access to the App, we may also take any legal action we deem appropriate to recover damages or seek other remedies for any breach of these Terms, including but not limited to seeking injunctive relief or specific performance.
You may terminate these Terms and your use of the App at any time by uninstalling the App from your device and ceasing all use of the App. Upon termination, any rights and licenses granted to you under these Terms will automatically terminate, and you agree to cease all use of the App.
Any provisions of these Terms that, by their nature, should survive termination, will survive termination, including but not limited to the intellectual property rights, limitation of liability, disclaimer of warranties, indemnification, and dispute resolution provisions.
- Contact Information
These Terms and any disputes or claims arising out of or related to your use of the App or the Terms shall be governed by and construed in accordance with the laws of the state or jurisdiction in which GeniePal is located, without giving effect to any principles of conflicts of laws.
In the event of any dispute arising out of or in connection with these Terms or your use of the App, you agree to first attempt to resolve the dispute informally by contacting GeniePal at firstname.lastname@example.org. If the dispute is not resolved within thirty (30) days from the date of the initial contact, either party may seek resolution through binding arbitration or mediation, as agreed upon by both parties. The arbitration or mediation will be conducted in the state or jurisdiction where GeniePal is located, in accordance with the rules of the chosen arbitration or mediation service provider.
If the dispute cannot be resolved through arbitration or mediation, you and GeniePal agree to submit to the exclusive jurisdiction of the courts located in the state or jurisdiction where GeniePal is located. You hereby waive any objection to the venue or jurisdiction of such courts based on any ground, including without limitation improper venue, lack of personal jurisdiction, or forum non-convenient.
Notwithstanding the foregoing, GeniePal reserves the right to seek injunctive or other equitable relief in any court of competent jurisdiction to prevent the actual or threatened infringement, misappropriation, or violation of its intellectual property rights or confidential information.