Last Update: April 13, 2024
Welcome to Geniefriends!
These Terms of Use ("Terms") constitute a binding agreement between you and Genie Lab Limited ("Geniefriends", "we", "us" or "our") and govern your access to and use of the Geniefriends website, mobile applications, and other online services (collectively, the "Service").
By accessing or using the Service, you agree to be bound by these Terms and our Privacy Policy, which is incorporated herein by reference. If you do not agree to these Terms, you are not authorized to access or use the Service.
The Service is intended solely for users who are 18 years of age or older. By accessing or using the Service, you represent and warrant that you are at least 18 years old. If you are under 18 years old, you may not access or use the Service.
We may, in our sole discretion, refuse to offer the Service to any person or entity and change our eligibility criteria at any time. You are solely responsible for ensuring that your use of the Service is in compliance with all laws, rules and regulations applicable to you.
In order to access certain features of the Service, you may be required to create a user account ("Account"). When creating your Account, you must provide accurate and complete information. You are solely responsible for the activity that occurs on your Account, including the security of your login credentials.
You agree to notify us immediately of any unauthorized access or use of your Account. We are not responsible for any losses or damages arising from your failure to comply with these requirements.
You may not allow others to use your Account, and you agree not to create an Account for anyone else unless you have their express permission. Each person may maintain only one Account.
The Service, including its content, features, and functionality, is owned by Geniefriends and is protected by copyright, trademark, and other intellectual property laws. You may not modify, copy, distribute, transmit, display, reproduce or create derivative works from the Service.
You may not use any of our trademarks, service marks, or logos without our prior written permission. All rights not expressly granted are reserved by us.
The Service may allow you to post, upload, submit, or otherwise transmit content, such as messages, text, images, and other materials ("User Content"). You retain ownership of any intellectual property rights you hold in your User Content.
By submitting User Content, you grant Geniefriends a worldwide, non-exclusive, royalty-free, perpetual, and sub-licensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display your User Content in connection with the Service and Geniefriends' (and its successors' and affiliates') business, including without limitation for promoting and redistributing part or all of the Service.
You represent and warrant that you have all necessary rights to grant the license described above and that your User Content does not violate these Terms or any applicable law, rule, or regulation.
Geniefriends reserves the right to review, monitor, and remove any User Content for any reason, including if we believe it violates these Terms or applicable law.
When using the Service, you agree not to:
Geniefriends reserves the right, in its sole discretion, to suspend or terminate your access to the Service for any violation of these Terms.
The Service may contain links or references to third-party websites, applications, and services ("Third-Party Services"). Geniefriends does not control or endorse any Third-Party Services and is not responsible for their availability, content, or privacy practices. Your use of Third-Party Services is at your own risk and subject to the terms and conditions of those services.
Certain features or functionalities of the Service may require payment of fees. If you choose to use a paid feature or functionality, you agree to pay the applicable fees in a timely manner. All fees are non-refundable unless otherwise stated.
We reserve the right to change our fees or billing methods at any time upon reasonable notice to you. You are responsible for providing us with valid payment information and keeping it up to date.
Geniefriends may suspend or terminate your access to the Service at any time for any reason, including if we reasonably believe you have violated these Terms. You may also delete your Account at any time by contacting us.
Upon termination, your right to use the Service will immediately cease. Geniefriends is not obligated to maintain or provide you with copies of your User Content, and we may permanently delete or destroy any of your User Content upon termination.
Sections 3, 4, 9, 10, and 11 of these Terms will survive any termination or suspension of your access to the Service.
THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. GENIEFRIENDS DISCLAIMS ALL WARRANTIES, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.
GENIEFRIENDS DOES NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED, SECURE, OR ERROR-FREE, NOR DOES IT MAKE ANY GUARANTEES AS TO THE RELIABILITY, TIMELINESS, QUALITY, SUITABILITY, AVAILABILITY, ACCURACY OR COMPLETENESS OF THE SERVICE.
YOU USE THE SERVICE AT YOUR OWN RISK. GENIEFRIENDS WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY A DISTRIBUTED DENIAL-OF-SERVICE ATTACK, VIRUSES, OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR COMPUTER EQUIPMENT, COMPUTER PROGRAMS, DATA OR OTHER PROPRIETARY MATERIAL DUE TO YOUR USE OF THE SERVICE OR ANY ITEMS OBTAINED THROUGH THE SERVICE.
IN NO EVENT SHALL GENIEFRIENDS, ITS AFFILIATES, DIRECTORS, EMPLOYEES, OR AGENTS BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES ARISING FROM YOUR USE OF THE SERVICE OR ANY THIRD-PARTY SERVICES, EVEN IF GENIEFRIENDS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
GENIEFRIENDS' TOTAL LIABILITY TO YOU FOR ALL CLAIMS ARISING FROM OR RELATED TO THE SERVICE SHALL NOT EXCEED ONE HUNDRED DOLLARS ($100).
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN WARRANTIES OR DAMAGES, SO SOME OF THE ABOVE EXCLUSIONS AND LIMITATIONS MAY NOT APPLY TO YOU.
These Terms and any disputes arising out of or related to your use of the Service ("Disputes") will be governed by the laws of England and Wales, without regard to its conflict of law principles.
Any Disputes will be resolved through binding arbitration administered by the London Court of International Arbitration (LCIA) in accordance with the LCIA Arbitration Rules then in effect, except as otherwise provided in these Terms. The arbitration will be conducted in London, England unless we agree otherwise.
The arbitrator, and not any court or agency, shall have exclusive authority to resolve any Disputes relating to the interpretation, applicability, or enforceability of these Terms, including the determination of the scope or applicability of this agreement to arbitrate.
YOU AND GENIEFRIENDS AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. FURTHER, UNLESS BOTH YOU AND GENIEFRIENDS AGREE OTHERWISE, THE ARBITRATOR MAY NOT CONSOLIDATE MORE THAN ONE PERSON'S CLAIMS AND MAY NOT OTHERWISE PRESIDE OVER ANY FORM OF A REPRESENTATIVE OR CLASS PROCEEDING.
These Terms constitute the entire agreement between you and Geniefriends regarding your use of the Service. If any provision of these Terms is found to be unenforceable or invalid, that provision will be limited or eliminated to the minimum extent necessary so that these Terms will otherwise remain in full force and effect.
Geniefriends' failure to enforce any right or provision in these Terms will not constitute a waiver of such right or provision unless acknowledged and agreed to by Geniefriends in writing. Except as expressly set forth in these Terms, the exercise by either party of any of its remedies under these Terms will be without prejudice to its other remedies under these Terms or otherwise.
You may not assign or transfer these Terms, by operation of law or otherwise, without Geniefriends' prior written consent. Any attempt by you to assign or transfer these Terms without such consent will be null. Geniefriends may freely assign or transfer these Terms without restriction.
If you have any questions or concerns about these Terms or the Service, please contact us at hello@geniefriends.io