help@geniusgenie.comTerms and Conditions
TERMS AND CONDITIONS
Welcome toGenius Genie!
Genius Genieis owned and operated by Sabrina and Jake Shvartsman
These are the terms and conditions for:
(Hereinafter referred to as “Genius Genie”).
By accessing the website and purchasing the subscriptions, you agree to be bound by these Terms and Conditions ("Terms") and our Privacy Policy. If you do not accept all of these Terms, then you may not use our platform and services. In these terms, "we", "us", "our" and "Genius Genie" refers to Genius Genieand "you" and “your" refers to you, the user of Genius Genie.
The following terms and conditions apply to the platform and services offered by Genius Genie. This includes the mobile and tablet versions as well as any other version of Genius Genieaccessible via desktop, mobile, tablet, social media or other devices.
PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY BEFORE ACCESSING, USING OR OBTAINING ANY MATERIALS, INFORMATION OR SERVICES.
1. ELIGIBLITY
You may use the platform only in compliance with these terms and all applicable local, state, national, and international laws, rules, and regulations.
Use of the services is available to all ages. In the case of minors, it is the responsibility of parents and legal guardians to determine whether use of the platform or any of the content and functionality available in the services and subscriptions is appropriate for their child or minor in custody.
You represent and warrant that all registration information you submit is accurate and truthful; and that your use of the platform does not violate any applicable law or regulation. Genius Geniemay, in its sole discretion, refuse to offer the platform and services to any user and change its eligibility criteria at any time. This provision is void where prohibited by law and the right to access the service and the platform is revoked in such jurisdictions.
By using the platform and services, you represent and warrant that you have the full right, power and authority to enter into these terms and to fully perform all of your obligations hereunder. You further represent and warrant that you are under no legal disability or contractual restriction that prevents you from entering into these terms.
2. ACCOUNT
If you register on Genius Genie, you will be required to choose a password, and you may be asked for additional information regarding your account. You are responsible for maintaining the confidentiality of your password and account information, and are fully responsible for all activities that occur under your password or account. You agree to (a) immediately notify Genius Genie of any unauthorized use of your password or account or any other breach of security, and (b) ensure that you log out from your account at the end of each session. You may never use another User’s account without prior authorization from Genius Genie. Genius Genie will not be liable for any loss or damage arising from your failure to comply with this agreement.
By providing Genius Genie with your email address and phone number, you agree that we may use your email address to send you communications, news and special content. We may also use your email address and phone number to send you notifications, push notifications and other messages, such as changes to service features, news and special content. If you do not wish to receive these emails, you may opt-out of receiving them by sending us you opt-out request via contact information or by using the "unsubscribe" option in emails or mobile notifications. Opting out may prevent you from receiving emails about updates, news or special content.
Users may cancel their accounts at any time and for any reason by sending us their request through our contact information. Such cancellation will only result in the deletion of the account and the deletion of all personal data granted to Genius Genie.
Genius Genie reserves the right to terminate your account or your access immediately, with or without notice to you, and without liability to you, if Genius Genie believes that you have breached any of these terms, furnished Genius Genie with false or misleading information, or interfered with use of the platform or the service by others.
3. SUBSCRIPTIONS
Genius Genie services are available through paid subscriptions. Each type of subscription will have a certain number of questions available for users to ask through the platform.
When a user places an order for a subscription, the user agrees and declares to purchase the subscription for the price advertised on the website. Please check the price and number of questions available on each subscription before placing an order.
When a user places an order, Genius Geniewill send an email for confirmation. This confirmation email will be produced automatically so that the user has confirmation of payment and initiation of the subscription. If you do not receive the email, it is possible that the email has been sent to your spam folder.
Genius Genie may cancel any sales and not provide the subscriptions and may change or discontinue the availability of the subscriptions at any time in its sole discretion. If a purchase is cancelled, any payment made for the subscription will be refunded in full. This does not affect your statutory rights.
Subscriptions may include automatic recurring payments. You authorize Genius Genie to renew your subscription and to charge you periodically and progressively. The subscription billing date is the date you make your first payment. Your account will be automatically charged on the subscription billing date with all applicable fees for the next subscription period.The subscription will continue until you cancel your subscription or we terminate it. You must cancel your subscription before it renews to avoid the next billing period. We will bill the recurring subscription fee to the payment method you provide during enrolment.
Subscriptions will automatically renew for an additional period unless cancelled before the next payment. To cancel subscriptions, users must print and fax a cancellation request signed by the user and the respective guardian. The subscription will be cancelled for the next billing period. Please refer to our contact information.
4. CREDITS
Credits can be used on the platform to formulate questions and can be used when the number of questions available in each subscription is exhausted.
By making a purchase of credits, you offer to purchase the credits for the price advertised and indicated on the website at the time of purchase.
When a user makes a purchase of credits, Genius Genie will send an email to the user for the purpose of confirming the purchase of the credits. This confirmation email will be produced automatically so that the user will have confirmation of their purchase. The credits will be available immediately after purchase and can be used to ask questions through the platform.
Genius Genie may cancel any order and may change or discontinue the availability of credits at any time at its sole discretion. If a purchase is cancelled, any payments made for credits will be refunded in full. This does not affect your statutory rights.
5. PAYMENTS
Services and subscriptions will be paid via Stripe or Square (platforms and payment methods available on the website). Subscriptions will be activated once the payment and registration process is completed. Payment will be charged to your credit/debit card immediately after placing the order for the subscription you have purchased. Once the transaction has been processed, we will send you an electronic receipt of the transaction to the email address you provide.
If you find any inconsistency in your billing, please contact us through our contact information or you can make the claim through the customer service of the corresponding payment platform.
If your card is declined, you will receive an error message. No payment will be charged to your card and no order will be processed. There may be a pending transaction on your account until your card issuing bank withdraws the authorization. This usually takes 2 to 5 business days. Your card may be declined for various reasons such as insufficient funds, AVS (Address Verification System) mismatch or you have entered an incorrect security code.
If your payment is declined, you must provide an alternative payment method or provide another card where payment can be charged and processed.
Your payment information will be treated and safeguarded securely and for the sole purpose of processing the purchase of subscriptions. Genius Genie reserves the right to contract any payment platform available on the market, which treats your data for the sole purpose of processing the purchase of subscriptions.
6. OWNERSHIP AND LICENSES
The ownership rights of the platform and the methods used on it belong exclusively to Evolver Global LLC. Any physical or virtual exposure of the methods used on the platform may give rise to violations of the intellectual property rights of Evolver Global LLC.
Genius Genie gives you a personal, worldwide, royalty-free, non-assignable and non-exclusive license to use the software (platform) provided to you by Genius Genie as part of the services. This license is for the sole purpose of enabling you to use and enjoy the benefit of the services as provided by Genius Genie, in the manner permitted by these terms. You may not copy, modify, distribute, sell, or lease any part of our services or included software, nor may you reverse engineer or attempt to extract the source code of that software, unless laws prohibit those restrictions or you have our written permission.
The user agrees not to use the platform and the services negligently, for fraudulent purposes or in an unlawful manner. Likewise, the user agrees not to partake in any conduct or action that could damage the image, interests or rights of the Genius Genie platform or third parties.
Genius Genie reserves the right to terminate your access immediately, with or without notice, and without liability to you, if Genius Genie believes that you have violated any of these terms or interfered with the use of the platform or service by others.
7. DISCLAIMER
By purchasing the subscriptions and accessing and using the functionalities available on the platform, you accept personal responsibility for the results of the use of the platform. You agree that Genius Genie has not guaranteed the results of any action taken, whether or not advised by this platform or the content available on the website. Genius Genie provides resources and content that have been shared by other users for educational purposes only. However, you acknowledge that your ultimate success or failure will be the result of your own efforts and actions, your particular situation and a number of other circumstances that are beyond the control of Genius Genie. Your use of the platform is at your own risk and responsibility.
Genius Genie is not responsible if children or parents use the content available through our services for inappropriate uses. Genius Genie is not responsible if children or parents use the content available through the services to cheat at school, college or any other place. The services available through our platform are exclusively educational and should not be used for other uses. Parents shall be solely responsible for any misuse that children or parents themselves may make of the content available through the services.
8. COPYRIGHT
All materials on Genius Genie, including, without limitation, names, logos, trademarks, images, text, columns, graphics, videos, photographs, illustrations, software and other elements are protected by copyrights, trademarks and/or other intellectual property rights owned and controlled by Genius Genie or by third parties that have licensed or otherwise provided their material to the platform. You acknowledge and agree that all Materials on Genius Genie are made available for limited, non-commercial, personal use only. Except as specifically provided herein. No material may be copied, reproduced, republished, sold, downloaded, posted, transmitted, or distributed in any way, or otherwise used for any purpose, by any person or entity, without Genius Genie prior express written permission. You may not add, delete, distort, or otherwise modify the material. Any unauthorized attempt to modify any material, to defeat or circumvent any security features, or to utilize Genius Genie or any part of the material for any purpose other than its intended purposes is strictly prohibited.
9. COPYRIGHT INFRINGEMENT (Digital Millennium Copyright Act)
- Identification of the intellectual property right that is allegedly infringed. All relevant registration numbers or a statement regarding ownership of the work should be included.
- A statement that specifically identifies the location of the infringing material, in sufficient detail so that Genius Genie can find it on the "Genius Genie" website. Note that providing a top-level URL is not sufficient.
- Your name, address, telephone number and email address.
- A statement by you that you have a good faith belief that the use of the allegedly infringing material is not authorized by the copyright owner, or its agents, or by law.
- A statement by you, made under penalty of perjury, that the information in your notification is accurate, and that you are the copyright owner or authorized to act on its behalf.
- An electronic or physical signature of the copyright owner or of the person authorized to act on the copyright owner's behalf.
10. GENIUS GENIERESPONSIBILITIES
Genius Genie provides and maintains the platform "as is", "as available" and does not promise that the use of the platform will be uninterrupted or totally free of errors.
We cannot offer any other warranties, conditions or other terms, express or implied, statutory or otherwise, and all such terms are hereby excluded to the fullest extent permitted by law.
You shall be responsible for any breach of these terms by you and if you use the platform in violation of these terms you shall be liable and shall reimburse Genius Genie for any loss or damage caused as a result.
Genius Genie shall not be liable in any amount for the breach of any obligation under this agreement if such breach is caused by the occurrence of any unforeseen event beyond its reasonable control, including without limitation Internet outages, communications outages, fires, floods, wars or acts of God.
Subject to the foregoing, to the maximum extent permitted by law, Genius Genie excludes liability for any loss or damage of any kind whatsoever, including without limitation any direct, indirect or consequential loss, whether or not arising from any problem you notify Genius Genie and Genius Genie shall have no liability to pay any money by way of compensation, including without limitation all liability in connection with:
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- Any incorrect or inaccurate information on Genius Genie's platform.
- The infringement by any person of any intellectual property rights of any third party caused by the use of the platform or any product purchased through the platform.
- Any loss or damage resulting from your use or inability to use the platform or resulting from unauthorized access to or alteration of your transmissions or data in circumstances beyond our control.
- Any loss of profit, wastage, corruption or destruction of data or any other loss not directly resulting from something we have done wrong.
- All representations, warranties, conditions and other terms that would otherwise be effective are set forth in this notice.
11. PROHIBITED ACTIVITIES
The content and information available on the platform (including, but not limited to, data, information, text, music, sound, photos, graphics, video, maps, icons, or other material), as well as the infrastructure used to provide such content and information, are owned by or licensed to Genius Genie by third parties. For all content other than your content, you agree not to modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell or resell any information or services obtained from or through the platform. In addition, the following activities are prohibited:
- Access, monitor, reproduce, distribute, transmit, disseminate, display, sell, license, copy or otherwise exploit any content of the site, including, without limitation, using any robot, spider, scraper or other automated means or any manual process for any purpose that is not in accordance with this agreement or without our express written permission.
- Take any action that imposes, or may impose, in our sole discretion, an unreasonable or disproportionately large load on our infrastructure.
- Deep-link to any part of the application for any purpose without our express written permission.
- Attempt to modify, translate, adapt, edit, decompile, disassemble or reverse engineer any software used by Genius Genie.
- Evade, disable or otherwise interfere with security-related features of the platform or features that prevent or restrict use or copying of any content.
12. USER CONTENT
Certain features of the platform may allow users to provide content or information to Genius Genie. You retain any rights you may have in the content or information you provide through the platform, including any copyrights. Genius Genie is not responsible for the accuracy, safety or legality of the content or information you provide through the platform. Users are solely and exclusively responsible for their content and the consequences of providing content and information through the platform and services. By providing content through the platform, you grant Genius Genie a worldwide, non-exclusive, fully paid right and license to host, store, transfer, display, perform, reproduce, publish, modify and display your content through the platform and services.
13. USER CONTENT REPRESENTATIONS AND WARRANTIES
Genius Genie disclaims all liability in connection with the content and information that users provide through the platform. Users are solely responsible for their content and the information you provide through the platform. By providing content and information through the service and the platform, you affirm, represent and warrant that:
a) You are the creator and owner of the user content, or have the necessary licenses, rights, consents, and permissions to authorize Genius Genie and users of the service to use and distribute your user content as necessary to exercise the licenses granted by you in this section, in the manner contemplated by Genius Genie, the service, and these Terms.
b) Your user content, and the use of your user content as contemplated by these Terms, does not and will not: (i) infringe, violate, or misappropriate any third party right, including any copyright, trademark, patent, trade secret, moral right, privacy right, right of publicity, or any other intellectual property or proprietary right; (ii) slander, defame, libel, or invade the right of privacy, publicity or other property rights of any other person; or (iii) cause Genius Genie to violate any law or regulation.
c) Your user content could not be deemed by a reasonable person to be objectionable, profane, indecent, pornographic, harassing, threatening, embarrassing, hateful, or otherwise inappropriate.
d) Your user content does not and will not contain hateful content, a threat of physical harm, or harassment.
14. USER CONTENT DISCLAIMER
Genius Genie may, at any time and without prior notice, screen, remove, edit, or block any user content that in our sole judgment violates these Terms or is otherwise objectionable. You understand that when using the application, you will be exposed to user content from a variety of sources and acknowledge that user content may be inaccurate, offensive, indecent, or objectionable. You agree to waive, and do waive, any legal or equitable right or remedy you have or may have against Genius Genie with respect to user content. If notified by a user or content owner that user content allegedly does not conform to these Terms, we may investigate the allegation and determine in our sole discretion whether to remove the user content, which we reserve the right to do at any time and without notice. For clarity, Genius Genie does not permit copyright-infringing activities on the service.
You acknowledge and agree that Genius Genie reserves the right to, and may from time to time, monitor any and all information transmitted or received through the service for operational and other purposes. If at any time Genius Genie chooses to monitor the content, Genius Genie still assumes no responsibility or liability for content or any loss or damage incurred as a result of the use of content.During monitoring, information may be examined, recorded, copied, and used in accordance with our Privacy Policy.
15. ACCURACY AND TIMELINESS OF INFORMATION
We do not guarantee that the information available on the platform is accurate, complete or updated. The content of this platform is provided for general information and should not be taken as a professional advice. Any use of the material provided on this platform is at your own risk.
16. INDEMNIFICATION
You agree to defend and indemnify Genius Genieand any of their directors, employees and agents from and against any claims, causes of action, demands, recoveries, losses, damages, fines, penalties or other costs or expenses of any kind or nature including but not limited to reasonable legal and accounting fees, brought by third parties as a result of:
- Your breach of this Agreement or the documents referenced herein.
- Your violation of any law or the rights of a third party.
- Your use of the platform.
17. ELECTRONIC COMMUNICATIONS
No responsibility will be accepted by Genius Geniefor failed, partial or garbled computer transmissions, for any computer, telephone, cable, network, electronic or internet hardware or software malfunctions, failures, connections, availability, for the acts or omissions of any service provider, internet accessibility or availability or for traffic congestion or unauthorized human act, including any errors or mistakes.
18. CHANGES AND TERMINATION
We may change the platform and these Terms at any time, in our sole discretion and without notice to you. You are responsible for remaining knowledgeable about these Terms. Your continued use of the platform constitutes your acceptance of any changes to these Terms and any changes will supersede all previous versions of the Terms. Unless otherwise specified herein, all changes to these Terms apply to all users take effect. Furthermore, we may terminate this agreement with you under these Terms at any time by notifying you in writing (including by email) or without any warning.
19. PERSONAL DATA
Any personal information you submit in connection with the use of the platform will be used in accordance with our Privacy Policy. Please refer to our Privacy Policy.
20. INTEGRATION CLAUSE
This Agreement together with the Privacy Policyand any other legal notices published by Genius Genie, shall constitute the entire agreement between you and Genius Genieconcerning and governs your use of the platform.
21. DISPUTES
The user agrees that any dispute, claim or controversy arising out of or relating to these terms and conditions, or the breach, termination, enforcement, interpretation or validity thereof or the use of the platform, shall be resolved by binding arbitration between the user and Genius Genie, provided that each party retains the right to bring an individual action in a court of competent jurisdiction.
In the event a dispute arises in connection with the services offered through the platform or the breach of these terms and conditions, the parties agree to submit their dispute to arbitration resolution before a reputable arbitration organization as mutually agreed by the parties and in accordance with applicable commercial arbitration rules.
You agree to initiate a formal dispute proceeding by sending us a communication through our contact information. Genius Genie may choose to send you a written offer after receiving your initial communication. If we offer and send you a settlement offer and you do not accept the offer, or we are unable to resolve your dispute satisfactorily and you wish to continue with the dispute process, you must initiate the dispute resolution process before an accredited arbitration organization and file a separate Demand for Arbitration. Any award rendered by the arbitration tribunal shall be final and conclusive on the parties.
To the fullest extent permitted by law, you agree that you will not file, join or participate in any class action lawsuit in connection with any claim, dispute or controversy that may arise in connection with your use of the platform.
22. FINAL PROVISIONS
These conditions are governed by the USA laws. Use of our platform is unauthorized in any jurisdiction that does not give effect to all provisions of these Terms, including, without limitation, this paragraph.
Our performance of these Terms is subject to existing laws and legal process, and nothing contained in these Terms limits our right to comply with law enforcement or other governmental or legal requests or requirements relating to your use of our platform or information provided to or gathered by us with respect to such use.
If any part of these Terms is found to be invalid, illegal or unenforceable, the validity, legality and enforceability of the remaining provisions will not in any way be affected or impaired. Our failure or delay in enforcing any provision of these Terms at any time does not waive our right to enforce the same or any other provision(s) hereof in the future.
Any rights not expressly granted herein are reserved.
23. CONTACT INFORMATION
If you have questions or concerns about these Terms, please contact us through our contact page or via the contact information below:
Evolver Global LLC- Genius Genie.